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Bankruptcy Fraud

Posted by admin | Posted in Uncategorized | Posted on 18-10-2008

We have heard so much about bankruptcy. However, what is a Bankruptcy fraud? Well this article will give an overview of what a bankruptcy fraud is.
A white-collar crime that has four general forms:

First – is the debtor conceals assets to avoid them being forfeited.

Second – is an individual that intentionally file some false or incomplete forms.

Third – is an individual that sometimes files multiple times using either false information or real information but in several states.

Fourth – is the one that involves bribing a court-appointed trustee.

Normally, criminals that committed this crime also have committed crimes such as, identity theft, mortgage fraud, money laundering, and public corruption.

It is almost 70 percent of all bankruptcy fraud are also involve in the concealment of assets. Creditors are only allowed to liquidate those assets listed by the debtor, which means that if a debtor did not reveal a certain asset, he or she can keep the assets despite of him having an outstanding debt. In order to conceal the asset further, the owner will now transfer the said unrevealed asset to friends, relatives, or an associate in order for the asset to be dislocated. In this way, criminals raise the risk and cost associated with lending
and normally passed on others who wish to borrow money.

Petition mill is just one type of bankruptcy fraud scheme that is being on the rise in the United States. This form of bankruptcy fraud claimed to keep financially-strapped tenants from getting evicted by passing themselves off as a consulting service. The modus started when the tenant believes that he or she will be receiving some help in voiding them from eviction. However, on the other way around, tenants are actually being filed for bankruptcy and drags out the case. While receiving this fraudulent service, will empties the tenants banks accounts and will his or her credit score, because of the super high
service charges.

The multiple filing is the filing for bankruptcy in multiple states using the same name and information, using aliases and false information or a combination of the two. By doing multiple filings, it slows down the ability of the court to process a bankruptcy filing and liquidate the assets.

Naturally, any proceeding in which a suspect is charged with bankruptcy is criminal. As we all know that bankruptcy law provides for the developments of a plan allowing a debtor to resolve his of her debts through a division of his assets among his creditors if ever the time come that he or he is already unable to pay the creditors. It is a statutory law, which is contained in Title 11 of the United States Code. Congress has passed the Bankruptcy Code under its Constitutional grant of authority to create uniform laws when it comes to Bankruptcy throughout the United States of America.

Al of the proceedings for Bankruptcy are supervised by and litigated in the United States Bankruptcy Courts, which happens to be part of the District Courts of the United States of America bankruptcy questions


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