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Consequences of Bankruptcy
Utilities expenses. Wearing apparel. Generally the public has the right to inspect documents filed with the bankruptcy court. Both statutory and constitutional laws protect this access to court records, and section a of the bankruptcy code affirms the right of public access. In most cases the news media may obtain court records under the First Amendment as well. Public access aids the administration of bankruptcy cases, promotes public trust and accountability in the system and encourages legal compliance.
If making the data available to the public serves as de facto oversight by shining a spotlight on the process and inviting scrutiny, it also increases the likelihood of the debtor becoming a target of questionable schemes and scams. The new Bankruptcy Reform Act expands judicial authority to restrict disclosure for additional reasons, including prevention of identity theft. Technology exacerbates the exposure, since anyone anywhere can access electronic court records on the Internet. Those who prey on system weaknesses—such as identity thieves or bogus creditors—use the information, too.
Debtors even may experience threats of physical harm, harassment, lender redlining or discriminatory profiling. Disclosure of highly personal and sensitive data may possibly facilitate identity theft. A Federal Trade Commission survey found that nearly 10 million people were victims of identity theft during , costing businesses and consumers billions of dollars.
They can. Inform clients about the bankruptcy process. Clients need to know the extent to which their personal and financial information will become public. Some clients may be tempted to withhold certain financial information from the court. CPAs must let them know they have to meet the disclosure requirements of the bankruptcy statutes. Tell clients to expect—and be wary of—solicitations.
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Once their personal information goes into the public record, clients likely will be deluged with offers for credit cards, goods, services and high-interest deals to reestablish credit. Provide financial planning. Clients may need long-range advice to avoid financial difficulty and prevent further bankruptcies. Be available for clients. Be supportive when clients vent. Some clients may manifest shame, embarrassment and depression.
If clients choose to talk about their distress, remind them that while bankruptcy may bring lifestyle changes, it provides some relief from financial pressures and its burdens are not permanent. Suggest alternatives to bankruptcy. Filing for bankruptcy is not the only way to handle financial problems.
There are alternatives such as a nonstatutory contract a composition to which both debtor and creditors consent; it gives creditors a prorated share of their claims and discharges an agreed-on balance. Another alternative is an extension that allows them to pay down debt over a longer period of time.
Why Should I find Out If Someone Filed Bankruptcy?
Suggest credit counseling. Credit counseling, from a for-profit or not-for-profit entity, can help debtors negotiate debt-reduction terms. Make attorney referrals. Besides offering counsel, attorneys can help the debtor negotiate debt-reduction terms with creditors. And networking with attorneys also can yield referrals for the CPA. Stay in touch—and increase goodwill.
How to Find the Date a Bankruptcy Was Discharged | LegalZoom Legal Info
Many bounce back from insolvency and experience financial success. They, their family and their friends may appreciate your loyalty and give you business—and a great reputation. Inform clients of postbankruptcy legal protections. Clients should be aware that laws protect them. For example, the Federal Consumer Credit Protection Act prohibits an employer from firing or discriminating against a client involved in a Chapter 13 bankruptcy whose wages are garnished.
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Being available, expressing a willingness to maintain a working relationship, answering questions, preparing financial documents and easing the aftershock are important functions for the CPA to perform. The position of trusted adviser can be earned by being there in hard times, too. For more information or to order, call the Institute at or go to www.
Collier on Bankruptcy Matthew Bender, 15th ed. Visitors can also read related articles and get an overview of Chapters 7 and We surveyed nearly finance and accounting professionals on their month-end close and reporting processes.