Legal Question in Bankruptcy in Utah

You've asked several different questions. First, since the 2005 revisions to the U.S. Bankruptcy Code, bankruptcy attorneys have a heightened duty to investigate the accuracy of the financial information provided by debtors. It would amount to malpractice for the attorney not to pull a credit report. This is part of our duty to ascertain that the debts scheduled in the petition are truthful and complete.

The judge and the trustee aren't going to "pull" anything. However, the trustee has every right to ask for savings and checking account records. The reason for this is to review pre bankruptcy transactions to ensure there are no preferential transfers that would defeat certain creditor claims to the advantage of others. This is simply the law.

Bankruptcy, the grant of a full and complete discharge of unsecured debts, is an extraordinary equitable remedy. In exchance for the grant of this extraordinary remedy, the debtor must comply with the requirements of the bankruptcy law.

Finally, for the most part 401K and IRA accounts are not part of the bankruptcy estate. However, with respect to the HSA accounts, there is no specific exemption and for all of these reasons you need to consult with an experienced bankruptcy attorney in your jurisdiction BEFORE filing in order to review your circumstances and guide you through the procedure and the law of bankruptcy.