Will you be filing for bankruptcy to get a fresh financial start? The best way to sabotage this start is always to lie or hide any property you keep in the bankruptcy process. This is called bankruptcy fraud, and it’s a federal crime.
According to the IRS, 10 percent of bankruptcy filings incorporate some aspects of fraud. With bankruptcy filings averaging 1.23 million annually during the last five years, this translates to 123,000 people committing bankruptcy fraud annually. The IRS takes bankruptcy fraud very seriously, so you need to make sure to prevent even the appearance of fraud.
What Is Bankruptcy Fraud?
The best way to avoid bankruptcy fraud is to know precisely just what it means. Bankruptcy has specific federal laws that guide how the entire process will go. These laws exist to defend everyone creditors. If you give false information or hide property so that it cannot be sold, your creditors are cheated out of money they’re eligible to within the bankruptcy laws. One can find four majorvarieties of bankruptcy fraud:
- Hiding property
- Giving false statements on official bankruptcy forms
- Filing multiple times
- Trustee fraud
Hiding Your Property
Hiding or understating the worth of land is the top way people commit bankruptcy fraud. You have to report all your income and property to the court-appointed trustee of the bankruptcy. The trustee will sell much of your assets to repay your creditors. If you hide a little of your property, the trustee won’t have the ability to pay your creditors the entire amount they’reentitled to underneath the law. You’re also committing fraud in the event you transfer your propertyto your friends or family to ensure that your creditors can’t find it.
Giving False Statements
Many official forms are filled out when filing for bankruptcy. Giving incorrect statements or deliberately leaving questions un answered on these forms is bankruptcy fraud. You should completely answer the questions on the forms and be open and honest over the entire bankruptcy process.
Filing Multiple Times
Bankruptcy laws have limits on when and how many times you may file for bankruptcy. Filing multiple times in violation of these laws is considered fraud. Sometimes people will use false names and Social Security numbers to file bankruptcy many times in the same state. Others use their true identification but seek bankruptcy relief in various states.
Trustee Fraud
The IRS considers trustee fraud as the most extreme kind of bankruptcy fraud. This is because it includes the court-appointed trustee deceiving the court to receive a bribe from the person filing for bankruptcy. Any trustee caught committing fraud shall be aggressively attacked by law enforcement.
Bankruptcy Fraud Consequences
For anybody who is caught committing bankruptcy fraud, you’re likely to be facing a fine around $250,000. Moreover, you’re likely to be sentenced to prison for up to five years. These harsh legal consequences should persuade one to never try to commit fraud during the bankruptcy process.
Reporting Bankruptcy Fraud
If you think someone’s committing bankruptcy fraud or has wrongly filed bankruptcy in your name, you should report this crime to the government. You can help the investigation by gathering some kinds of information, including:
- Name and address of the suspected person
- Name and location of the bankruptcy case
- Description of the alleged fraud
- Identification of any hidden or undervalued property
For help with an Athens GA chapter 13 bankruptcy , contact an Athens bankruptcy law firm. A bankruptcy lawyer Athens Georgia could give you the help you need.