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Bankruptcy lawyers specializes in federal and state bankruptcy laws and provide advice with Chapter 7, Chapter 11, Chapter 13, credit repair, debt collection or debt settlement. A bankruptcy attorney has multiple responsibilities and duties, including initial consultation, where they review your financial situation, handling your creditors, preparing and filing your bankruptcy petition. Bankruptcy law firms also prepare you for 341 meeting of the creditors, negotiating and reviewing reaffirmation agreements and motions, and appearing in confirmation hearings.
If you need legal assistance to file for Bankruptcy, please consult with a local professional Bankruptcy Attorney to discuss your case.
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Bankruptcy fraud is a crime. While difficult to generalize across jurisdictions, common criminal acts under bankruptcy statutes typically involve concealment of assets, concealment or destruction of documents, conflicts of interest, fraudulent claims, false statements or declarations, and fee fixing or redistribution arrangements. Falsifications on bankruptcy forms often constitute perjury.
Multiple filings are not in and of themselves criminal, but they may violate provisions of bankruptcy law. In the U.S., bankruptcy fraud statutes are particularly focused on the mental state of particular actions. Bankruptcy fraud should be distinguished from strategic bankruptcy, which is not a criminal act, but may work against the filer. All assets must be disclosed in bankruptcy schedules whether or not the debtor believes the asset has a net value. This is because once a bankruptcy petition is filed, it is for the creditors, not the debtor to decide whether a particular asset has value.
The future ramifications of omitting assets from schedules can be quite serious for the offending debtor. A closed bankruptcy may be reopened by motion of a creditor or the U.S. trustee if a debtor attempts to later assert ownership of such an "unscheduled asset" after being discharged of all debt in the bankruptcy. The trustee may then seize the asset and liquidate it for the benefit of the (formerly discharged) creditors. Whether or not a concealment of such an asset should also be considered for prosecution as fraud and/or perjury would then be at the discretion of the judge and/or U.S. Trustee.
Can't pay your bills? Your income is less than your expenses? Find a Local Professional Bankruptcy Attorney to discuss your case. Free Initial Consultation! |