Bankruptcy fraud is a crime. There are four different kinds of bankruptcy fraud:
- When a debtor files for bankruptcy protection, certain assets are not exempt and all assets must be disclosed to the bankruptcy court and bankruptcy trustee. If a debtor declares bankruptcy and knowingly and frauduently fails to disclose assets so they are not forfeited this is a crime.
- When a debtor files for bankruptcy and knowingly and fraudulently files false or incomplete forms this can be a crime.
- Debtors knowingly and fraudulently file multiple times sometimes in different states.
- Knowingly and fraudulently bribing a trustee is also considered bankruptcy fraud.
Proof of fraud requires showing that the defendant knowingly and fraudulently made a misrepresentation of material fact. Bankruptcy fraud carries a sentence of up to five years in prison, or a fine of up to $250,000, or both.
Having a bankruptcy attorney to help you journey through this process is the smartest thing you can do.
We serve clients all over the State of Michigan, Including Charlevoix County (Charlevoix, East Jordan, Elmira, Boyne City,), Otsego County (including Gaylord, Johannesburg, Elmira), Kalkaska County, Emmet County (Including Mackinaw City, Alanson, Conway, Petoskey, Walloon Lake) Cheboygan County (including Cheboygan, Indian River).
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