Legal Question in Bankruptcy in California
If you file for Chapter 7 bankruptcy, are all of those documents available to all of your creditors to review before the hearing. I know they can request your tax returns but can they get all of the other information such as bank account records. The reason I ask is this. If your bankruptcy is dismissed at any point, then they know everything about your bank accounts and other assets which would give them a great advantage in getting a judgment against you and going after any available assets. Thank you for your help.
3 Answers from Attorneys
Your bankruptcy filing is a matter of public record. Normally you would not file "bank account records." The attorney you retain to handle your Chapter 7 bankruptcy filing will explain these issues for you and will handle the filing correctly (so it doesn't get dismissed).
The petition contains information about your bank accounts and other assets. Copies of tax returns (usually the last year filed) are sent to the trustee and usually also the latest bank account statement and other documentation the trustee might want to see. The documents in the trustee's possession can be reviewed by creditors. You can also be interrogated at the meeting of creditors or in a separate location upon request by a creditor. Therefore, the information you provide can be seen by creditors who take the time and make the effort to get the information. There is no reason to fear your case would be dismissed if you retain an attorney experienced in bankruptcy law and everything is done properly. The attorney should not recommend the filing of a case that is likely to be dismissed unless you want to take the chance and there is nothing seriously wrong with your case.
In the Southern District of California, where you live, the documentation that you must submit to your assigned bankruptcy trustee are more stringent than bankruptcy courts in other parts of California. Any thing that you list in your bankruptcy petition, statements and schedules is public information. However, most of the documentation that you provide to the trustee is is not available to your creditor with the exception that you must provide your tax return to any creditor that makes a timely request for it.
Creditors can and do research bankruptcy court records to discover assets in dismissed cases. You should consider switching banks if your case is dismissed for some reason.
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