Kansans Fare Better on Bankruptcy Audits

Kansas debtors have less errors on their bankruptcy paperwork than the national average, according to the report just issued by the U.S. Trustee.  “Material misstatements” were reported in 12% of the audited cases, compared with 22% nationwide, although the report does not say just how serious the errors were.

The federal government audits bankruptcy cases just to keep everyone honest, but your odds of being selected are very low.  There were 19 cases chosen for audit in Kansas during 2009 fiscal year.  That is 19 out of 10,588 cases filed in Kansas, one in 557 cases.

Auditors filed Reports of Audits indicating at least one “material misstatement” in 17 Kansas cases.  Two cases had Reports of No Audit.  It is unknown whether any of these debtors did not get their discharges or had other negative outcomes because of the audits.  It also is unknown why Kansans fare better on the audits.

See my post on the Bankruptcy Law Network today explaining audits.

Bankruptcy Mastery Site Launched for New Lawyers

Cathy Moran

Cathy Moran

Cathy Moran, my friend and blogging colleague on the Bankruptcy Law Network, has launched Bankruptcy Mastery, a website to train new consumer bankruptcy lawyers.

With 30 years of experience, Cathy is well-qualified to teach and mentor lawyers new to the consumer bankruptcy field.  She is speaks on bankruptcy law topics on the national stage and is the author of Bankruptcy in Brief, the very popular website on consumer bankruptcy law information, and On the Bankruptcy Soapbox blog.  She has a very busy practice in the San Francisco Bay area representing consumer and small business debtors in chapters 7, 11 and 13 bankruptcy.

Cathy collaborates with Jay Fleischman on Consumer Ledger and Family Debt Guide.

What Documents Do I Need for a Bankruptcy Audit?

One in 1000 bankruptcy cases are randomly selected by the U.S. Trustee for audit.  When that happens, the debtor is sent a letter requesting copies of the following documents:

  1. Payment advices [paystubs] from an employer covering the six calendar months preceding the date of filing for the debtor and the debtor’s spouse.
  2. Federal income tax returns, with all attachments, for the two tax years prior to the date of filing.
  3. Financial account statements for the six calendar months preceding the date of filing and for the month of filing for every financial account in which debtor had an interest; and documentation explaining the source of every deposit or credit, and the purpose of every check, withdrawal or debit.
  4. A divorce decree, property settlement orders going back three years and pending child support orders, if such documents exist.

The audits are supposed to find material misstatements in the bankruptcy paperwork. [Read more…]

Bankruptcy Law Network Top 100 Blawg

American Bar Association Journal editors voted the Bankruptcy Law Network Top 100 Blawg for 2008.  Our own Jill A. Michaux is one of 25 lawyers who blog on consumer bankruptcy topics for Bankruptcy Law Network, the most comprehensive online source for consumer bankruptcy information.

BLN authors also write for its sister sites:  Mortgage Law Network, Credit Law Network and Debt Law Network.

Wichita Car Dealer Convicted of Bankruptcy Fraud – Facing 5 Years in Jail

A Wichita car dealer who gave money to relatives before filing his bankruptcy case and lied on his bankruptcy paperwork was convicted of federal crimes this week and faces possible jail time for his fraud.

Evidence at trial proved he gave money to his wife and his brother prior to filing his bankruptcy case and he lied on his paperwork. He falsely said he had no bank accounts and he had made no transfers of money to relatives nor closed any bank accounts. He also charged $125,000 on credit cards within a year of filing the bankruptcy petition for airline tickets, jewelry and other goods. [Read more…]

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