The majority of bankruptcy fraud is committed by concealing assets and making fraudulent statements on the petition. There are two primary types of bankruptcy fraud:
Concealment of Assets: is a form of bankruptcy fraud in which an individual fails to list all assets on the bankruptcy petition or lists them incorrectly. Creditors can only attempt to seize assets that are disclosed, so a debtor who conceals the existence of assets may prevent a creditor from liquidating them. This form of bankruptcy is common among corporations, where assets may be hidden or dispersed to avoid seizure.
Multiple Filings: is a form of bankruptcy fraud in which an individual files for bankruptcy in multiple states. The same assets are listed on multiple bankruptcy petitions, and individuals may attempt to conceal assets by omitting information on claim forms. Some individuals also use fictitious names and social security numbers to submit fraudulent claims.
There are numerous types of bankruptcy fraud, all of which can have severe consequences for the perpetrator and detrimental effects on our tax system. The negative impact of bankruptcy fraud has an effect on the public's perception of bankruptcy laws and the reputation of honest people seeking debt relief during difficult times.
Punishment for Offenders
As bankruptcy fraud is considered a criminal offense, it cannot be resolved for free. It is prosecuted to the utmost extent of the law because it is a felony. In an effort to preserve the present leniency provided by state and federal bankruptcy laws, the court system is determined to make an example of those who commit bankruptcy fraud.
The bankruptcy petition filed by the offender will be denied, as will requests for debt cancellation or reorganization. In addition, offenders will be required to forfeit all of their assets and will be prohibited from claiming liquidation exemptions. In addition to prison time, convicted offenders are typically required to pay restitution fees of up to hundreds of thousands of dollars.
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