QUESTION
How do I answer the question, "Have you ever declared bankruptcy" on legal forms if I technically I filed, but it was dismissed?
Asked on Dec 04th, 2014 on Bankruptcy - Missouri
More details to this question:
I had filed my petition for Chapter 7 relief on January 19, 2011. My home was sold at a sheriff's sale the day prior. My circumstances and income dramatically changed, allowing me the ability to pay my debts (which I have done). I requested, and was granted my request for a voluntary dismissal on July 12, 2011.
10 ANSWERS
You disclose that your case was filed, and the case number, and the fact the case was dismissed.
Answered on Dec 10th, 2014 at 5:05 AM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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The answer is yes, I have filed. If question is whether you ever received a discharge in Bankruptcy, the answer is no.
Answered on Dec 05th, 2014 at 10:47 PM
2 Awards
I would state yes you filed but voluntarily dismissed the case. The filing is public record.
Answered on Dec 05th, 2014 at 11:37 AM
A bankruptcy that was dismissed is still a bankruptcy that was filed. After all, the question isn't whether or not you obtained a discharge or if you are currently in bankruptcy. In many instances, a question like this isn't relevant to you getting the job and I would be tempted to not answer the question at all. But if you lie, the credit report will contradict you, so don?t ever answer this question dishonestly.
Answered on Dec 05th, 2014 at 11:36 AM
Derek W. Freeman
You say "Yes."
Answered on Dec 05th, 2014 at 11:36 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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It is illegal to discriminate in employment against a person who has filed for bankruptcy. So the question is inappropriate on an employment application, on a level with "Do you intend to get pregnant in the next five years?" On the other hand, it is a public record which is easily checked and turns up on even those $30 internet background checks. So if you answer no, they will certainly eliminate you for lying on your application and if you answer yes, they probably won't hire you for any professional position.
Answered on Dec 05th, 2014 at 10:13 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would need more details, but, literally, you did file for bankruptcy. I would have to more fully understand the facts and circumstances to be able to advise you. I would answer yes, but due to change in circumstances the case was voluntarily dismissed with no discharge.
Answered on Dec 05th, 2014 at 10:13 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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If you have a duty to answer truthfully, and likely you do, then you should show that you did file a bankruptcy, and you can add a footnote saying that your affairs improved and you were able to dismiss your case voluntarily not long after you filed. Good Luck.
Answered on Dec 05th, 2014 at 10:12 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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The answer would be Yes!
Answered on Dec 05th, 2014 at 10:12 AM