Legal Question in Bankruptcy in California

Bankruptcy

I filed bankruptcy over twenty years ago. It remained 7-10 years on my history. Now when asked if I have filed BK do I still have to say yes inasmuch as it was so long ago and is no longer in my history?


Asked on 4/23/09, 3:25 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Bankruptcy

Yes.

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Answered on 4/23/09, 3:44 pm
David Gibbs The Gibbs Law Firm, APC

Re: Bankruptcy

Attorney Cohen is correct - if the question asked is "Have you ever filed for bankruptcy?" Read the question carefully, as sometimes the question is qualified with a time-frame, i.e., "Have you filed for bankruptcy in the last 10 years?" You don't want to lie if the question posed is have you EVER filed for bankruptcy, as your bankruptcy, though not on your credit report any longer, is discoverable through a background check, public record check, etc... and depending upon what the application is for, could result in some nasty consequences including perjury.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 4/23/09, 5:52 pm


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