Law & Legal & Attorney Bankruptcy & consumer credit

Bankruptcy Fraud Laws

    Disclosure

    • Underlying the bankruptcy fraud laws is the legal obligation of a debtor to fully and accurately disclose all of her assets, debts, liabilities and income.

    Hidden Assests

    • A relatively common problem in bankruptcy is a debtor's concealing assets. Hiding assets is at the heart of many bankruptcy fraud allegations.

    Preferential Creditor Treatment

    • A debtor may give preferential treatment to a creditor, a basis for fraud. For example, a consumer pays off a credit card directly before filing, does not report the card and continues to use it.

    Dismissal

    • A typical penalty for bankruptcy fraud is a dismissal of the debtor's case with a prohibition on refiling within a set period of time.

    Fines

    • Under bankruptcy laws, fines are imposed for fraud in a bankruptcy case.

    Criminal Prosecution

    • The ultimate penalty for bankruptcy fraud is criminal prosecution of a debtor, with a potential for incarceration.



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