Bankruptcy Fraud

Managing financial matters can be tough. People need to be aware of the details both large and small that go into making sure that all bills of their are paid. It’s entirely possible for circumstances to change drastically from one week to the next. Someone can lose a job they rely on for the majority of their income. Another may face medical bills that keep piling up in the event of a chronic illness. People can get divorced and no longer have two incomes coming in the household budget. Each person faces differing financial circumstances. The law recognizes that people can fall behind in their bills. This is why the law allows for legal avenues in which people can explore the possibility of discharging their bills legally. The law recognizes that people should not forever have their lives destroyed by the looming threat of bills they cannot pay. Laws also recognize the reality that when lenders lend people, they are taking the risk they will not get their money back.

Declaring Bankruptcy

The legal process of discharging one’s debts is known as bankruptcy. Bankruptcy means that an individual is no longer able to pay their debts and would like to end the legal obligations to their creditors. Declaring bankruptcy is a serious matter with many possible and potentially negative implications. Someone who chooses this strategy may face all sorts issues going forward. For example, they may see a vastly lowered credit score. This can impede their ability to buy a house, rent a car or even get promoted at work. However, some people simply have no choice. In that case, they need to be mindful of the process of bankruptcy. They must make sure they are doing so in accordance with all laws that may apply to their particular case.

People who choose this course of action need to be aware of the details of the process. A violation of the accepted standards of behavior can lead even greater possible consequences. When people declare bankruptcy, they are not free of all obligations to their creditors. Creditors are entitled to recover a certain level of income as well as a portion of your assets. If you minimize your assets in some way or fail to declare them, you might be guilty of engaging in bankruptcy fraud.

Some of your assets are exempt from all creditors. You are allowed to keep certain things such as clothing and transportation so you can get to work. You’re also allowed to keep a roof over your head. Items do not fall into such categories are deemed part of what considered under law to be a bankruptcy estate. As part of the process, you will be asked to work with an outside supervisor. Depending on the kind of bankruptcy you’ve chosen, the trustee may choose to sell off the estate and give the creditors the remains. You can also choose a form of bankruptcy that lets you set up a plan that goes anywhere from three to five years and repay the creditors during this time.

Bankruptcy Fraud

Bankruptcy fraud happens when you do not reveal the extent of your assets. Someone might have not have listed all their assets and thus prevented them from being sold to benefit the creditors. Another person may have provided false documents about their assets to the courts or have shredded documents about their assets so they are harder to trace. A person may have also made a false statement. The person may also have colluded with another person to conceal their assets such as giving that person several cars they own while still retaining the ability to drive those cars. In each instance, the person is willfully refusing to disclose the extent of their income or assets to the court system and the trustee in charge of making sure that creditors are paid as much as possible under law.

Given how many laws must be followed under law and how stressful the process of declaring bankruptcy is, it can be very easy to make a mistake. This is why it s best to work closely with an attorney. A lawyer can help anyone sort out all issues related to any kind of bankruptcy filing. They will examine all documents to see that they are filed correctly. Lawyers can also provide people with advice about what must be included and what is considered their own property. They can also help people in the event that a mistake was made. Someone who is facing possible charges of bankruptcy fraud can be facing the revocation of this course of action. They can also face other problems such as fines and even the possibility of jail time. A great lawyer can help make sure all is filed completely correctly.