' Bankruptcy Fraud - Law Offices of Robert M. Geller
CALL NOW!
FREE PHONE/VIRTUAL CONSULTATION

Five Things You Need to Know about Bankruptcy Fraud

Bankruptcy Fraud Tampa, St Petersburg, And Pasco Florida.What is Bankruptcy Fraud

The average person filing for bankruptcy has no intention of committing fraud. He or she is just looking for a way to get out from under their debt and are desperate to bring the creditor and collector harassment to an end.

People file because they are concerned about losing their homes or vehicles, or having money from their bank accounts taken by creditors. They have no intention of defrauding anyone and their intention is to only make their situation better.

Unfortunately, having the best intentions won’t save you from being accused of bankruptcy fraud. Even if you “accidentally” commit fraud, your bankruptcy can be denied and you can face additional consequences.

Knowing what to do, and what not what to do, is an important part of filing for bankruptcy. It’s one of the reasons people choose to work with bankruptcy attorneys. The expert guidance you receive can help you avoid accusations of bankruptcy fraud.

What You Need to Know about Bankruptcy Fraud

  1. It Doesn’t Matter If Fraud is Intentional or Unintentional. It’s understandable why someone who intentionally misleads the bankruptcy court would face charges of fraud. But someone who unintentionally makes a mistake can face the same charges of fraud.Even if you honestly forget to list assets or make another honest error when you file, you can still face charges of bankruptcy fraud.
  1. Concealed Assets are the Most Common Type of Fraud. The court knows that most people who intentionally commit bankruptcy fraud do so by hiding assets. And one of the most common methods for doing so is by transferring assets to a friend or family member, thinking they’ll no longer be linked to your estate.If the bankruptcy court finds out about these assets, they’ll not only confiscate them they’ll charge you with fraud. Some people who have no intention of committing fraud assume it is fine to give their assets away to loved ones before filing for bankruptcy. Their intentions might not be nefarious or sneaky – but they can still get into trouble. Not to mention the embarrassment of having the court take something from someone you care about after you’ve given it to them.You can read more about transferring assets before filing for bankruptcy in this article from Pocket Sense. Your best bet is to speak to an attorney about your specific situation before doing anything with your assets if you’re considering bankruptcy.
  1. Trustees Can Act on Suspicion Alone. If the trustee handling your case so much as suspects there might be something untoward happening they can report their suspicions to law enforcement. The trustee doesn’t need proof.Of course, proof will be needed to bring criminal charges against you, but a great deal of damage can be done to your bankruptcy case even if there are never any criminal charges filed against you.Imagine yourself desperate to deal with a financial crisis and in doing so, you end up fighting accusations of fraud. It’s the last thing you need right now. You need to do everything in your power – and ask experts familiar with filing for bankruptcy to help you – to avoid any suspicion of fraud.
  1. Fraud Charges are Federal Charges. If the trustee overseeing your case reports you for fraud your case will pass to the Office of the US Trustee and then onto the US Attorney or the FBI to be investigated. If authorities believe there is a case against you there will be federal charges filed and if they’re able to prove their case, you’ll face up to five years in prison. This is in addition to the fines that will be levied against you and the permanent mark on your criminal record.You should never assume that everything will be fine if you are accused of bankruptcy fraud even if you didn’t do anything to intentionally defraud anyone. Fraud is a very serious crime and you need to take action before you file for bankruptcy to avoid even the slightest suspicion of wrongdoing.
  1. Guidance from an Attorney Can Help You Avoid Fraud. Working with an attorney doesn’t guarantee you won’t face accusations of fraud if you intentionally hide assets. However, the guidance of an attorney can help you avoid accidentally doing something fraudulent. If you’d like more information or you’re ready to file for bankruptcy and you want it to go as smoothly as possible, contact the Law Office of Robert M. Geller at (813) 254-5696.

Archive

Video Testimonials

Tampa Bankruptcy Law Blog

Bankruptcy FAQ

Filing for bankruptcy can seem like a daunting and overwhelming process. However, it doesn't have to be that way. With...
Read More

Can a Bankruptcy Discharge Be Revoked?

Filing for bankruptcy is a difficult decision that can have a significant impact on your finances and future. Fortunately, bankruptcy...
Read More

How is Marital Debt Divided?

Filing for bankruptcy is a complex process and becomes even more complicated when marital debt is involved. Marital debt refers...
Read More

What is Skip Tracing in Debt Collection?

When you lend money to someone whether it is for personal or business reasons, it’s especially difficult when they don’t...
Read More

What Happens at the End of a Chapter 13 Bankruptcy?

Dealing with bankruptcy is never easy. However, if you find yourself in a situation where you need to file for...
Read More

Can My Wages Be Garnished for My Spouse’s Debt?

Marriage is a partnership that often extends to financial issues, including debt. Unfortunately, not all spouses see eye to eye...
Read More

What Happens When You Get a Court Summons for Debt?

Getting a court summons for debt can be an overwhelming and frightening experience, but it doesn't have to be. Despite...
Read More

Can a Debt Collector Serve You Papers at Work?

Debt can feel overwhelming and stressful, especially if you have creditors calling you at work. Many people wonder whether this...
Read More

What to Do If a Debt Collector Threatens You?

Dealing with debt collectors is stressful and challenging. Even under the best of circumstances, contact from a debt collector is...
Read More

What You Need to Know about Updates to Student Loan Bankruptcy Discharge Laws

Are you struggling to make ends meet because of hefty student loan debt? The good news is that you may...
Read More

Bankruptcy

For The Next 5 Days GET A FREE BOOK About Bankruptcy

Learn More

Infographics

We are A Debt Relief Agency.
We help people file for bankruptcy under the Bankruptcy Code

Pay Online Bankruptcy Courses Newsletter Subscription

Call For A Free Initial Consultation

813.254.5696

Tampa Office

Law Offices of Robert M. Geller, P.A.
807 West Azeele Street
Tampa, FL 33606
T: (813) 254-5696
T: (800) 853-7549
F: (813) 253-3405

Map And Directions

St. Petersburg Office

Law Offices of Robert M. Geller, P.A.
125 5th Street South
(Wells Fargo Financial Center)
2nd Floor, Suite G
St. Petersburg, FL 33701
T: (727) 532-3939

Map And Directions

Pasco Office

23526 State Road 54
Lutz, FL 33559
T: (813) 336-2320

Map And Directions