Legal Question in Bankruptcy in Illinois

petition amendments
after our meeting of the creditors, we realized that we had failed to list two old junk cars as assets. Both cars are 1983 and do not run. They could only be sold for scrap. the attorney is filing an amendment, but he said it would be up to the trustee to decide if she wants to file perjury charges. We did not purposely withhold this, as one car is in a field at another location (in-laws). We just didn't even think about it. Now we are concerned about perjury charges. Could they possibly be filed in this case? Thank-you for any information you can provide.

Asked on 12/23/01, 4:38 pm

2 Answers from Attorneys

Bruce Buckrop Bruce Buckrop

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Re: petition amendments

In my district, after filing over 3 thousand cases and I have seen this come up before, they have not filed perjury or bankruptcy fraud, when there is a logical explanation. To be found guilty of these crimes the jury would have to find you had the requisite intent to defraud, and I feel your explanation is very plausible, but as your attorney said, it is up to the U S attorney to make that decision.

Answered on 12/24/01, 1:24 pm

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