Bankruptcy Fraud Laws
- 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.
- A relatively common problem in bankruptcy is a debtor's concealing assets. Hiding assets is at the heart of many bankruptcy fraud allegations.
- 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.
- 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.
- Under bankruptcy laws, fines are imposed for fraud in a bankruptcy case.
- The ultimate penalty for bankruptcy fraud is criminal prosecution of a debtor, with a potential for incarceration.