Bankruptcy fraud is a huge problem in the United States. It is very tempting to commit because, if successful, it may permit the transgressor illegally profit with lots of money this agreement they should stop entitled.
There are specific rules that comprise bankruptcy fraud. The penalties, fines and possible jail terms, vary based on the state through which they are committed.
One kind of fraud is knowingly making fraudulent statements towards the bankruptcy court. For example, one question that you’ll be asked is that if you’ve got filed for bankruptcy over the last seven years. You may have filed for bankruptcy in another state or under another name and attempt to make do with filing a second bankruptcy in another state convinced that you won’t be found out. But, if you do so, you’ve committed perjury which enable it to be prosecuted for fraud.
A second type of fraud is where a filer attempts to conceal assets or properties that he owns in the bankruptcy trustee. Naturally, no one wants to get rid of valuable possessions that they have acquired over the years. Unfortunately, whenever you file for bankruptcy, most assets that you just own become possible candidates for liquidation. This is because the trustee is empowered to market off quite as much of our assets as he can to raise money with which to pay back your creditors. By hiding any of your assets, you’re committing a fraudulent solve a legal court.
A third type of bankruptcy fraud is whenever you knowingly run up debts just before filing for bankruptcy with the intent of never paying of the money back. Many people look upon this like a harmless way of larceny because it is a huge company that these are cheating. The courts, however, look upon this much more seriously. They, as well as the credit card issuers, will strenuously push for prosecution in this case.
The above varieties of fraud are committed by debtors. But, fraud can be committed by a creditor at the same time. For example, sometimes a creditor frustrated in getting the money he could be owed from the bankruptcy court, will attempt to serve the court and collect money through the debtor in alternative methods. If he attempts this after receiving notification how the debtor has filed for bankruptcy, he’s got committed fraud upon the court also.
Since the modern bankruptcy law has gone by, creditors more than ever before before, are becoming considerably more serious about enforcing the provisions of the laws.