Abusing the Bankruptcy Laws

Here’s an interesting twist. Did you know that you don’t have to go bankrupt to take advantage of the bankruptcy laws? Several famous people have used the following technique. It may sound attractive but I know the bankruptcy reform people are looking into this particular tactic so this whole approach may soon be illegal.

One politician ran up his debts and when the bills arrived he filed for bankruptcy protection. He then notified his creditors about his filing. This stopped them from pestering him. But rather than going forward with the bankruptcy, he dragged his feet for as long as possible.

After some time had passed, the judge finally gave the politician a deadline by which he had to submit the required personal bankruptcy financial disclosure forms.

When he received the court’s notification, he quickly started negotiating settlements with his creditors. He offered them a dime on the dollar which they immediately accepted. (They knew that they stood very little chance of recovering any funds at all if the bankruptcy filing went through)

Pretty slick eh? He used the automatic stay to halt any collection activity and then used the threat of a chapter 7 bankruptcy to pressure his creditors into settling for a dime on the dollar. And the kicker here is that because he never actually completed the bankruptcy process, he can pull this stunt over and over as often as he likes. The six year limitation doesn’t apply!

Back

© Copyright 2005, Ariza Research, All rights reserved – ABP
Reproduction in any form is prohibited without written permission

spacer.gif (46 bytes)