What Constitutes Fraud?
There are several bankruptcy-related actions that are considered fraudulent. However, how you manage your debts and assets prior to registering can also constitute tax fraud.
Asset Concealment: When filing for bankruptcy, you are required to identify all of your assets and liabilities in detail. If you provide inaccurate or insufficient information on the petition, you may be suspected of concealing your financial information. Individuals may conceal their assets to prevent their seizure or liquidation during the procedure. However, if the bankruptcy court discovers that you have provided inaccurate or incomplete information, your case will likely be dismissed.
In some instances, individuals have filed in multiple states. They may use their actual or fictitious personal information to achieve the best outcome. Typically, this is an endeavor to have a debt discharged in one state after it was denied discharge in another. Additionally, they may list some debts in one state and others in another in an effort to maximize their possibilities of having these debts discharged. Attempting to """"beat the system"""" in this manner will ultimately result in financial and potentially legal trouble.
Petition Mills: This is an unfortunate instance of bankruptcy fraud in which unsuspecting victims are duped into providing their confidential information, which is then used without their consent to file for bankruptcy. This is also a case of identity theft. Typically, a con artist will position an advertisement in the newspaper offering to prevent evictions. Once the victim provides their information, the con artist opens accounts in their name and charges exorbitant fees. This causes the victim's credit to be devastated as they are forced into bankruptcy without their knowledge or consent.
How Do I Prevent Fraud?
If you are found to have committed a fraudulent act, legal action may be taken against you. As a felony, bankruptcy fraud entails a maximum penalty of five years in prison and/or a $250,000 fine. In addition, committing deceit will result in the dismissal of your case. If your case is dismissed, you will be responsible for your debts and your assets may be subject to liquidation by your creditors. Additionally, you may be prohibited from filing again for several years.
To avoid bankruptcy fraud, you must always be truthful and meticulous with your information. Even if you do not believe the court will require a particular financial detail, be prepared to document and submit it. If you are uncertain, consult with a bankruptcy attorney. In general, it is preferable to provide too much rather than too little information. The best method to benefit from the bankruptcy process is to strictly adhere to the filing requirements. If your personal information has been stolen and used fraudulently, contact the authorities immediately. You may be able to proceed with your case if you have a police report of the larceny to demonstrate your innocence.""
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