Bankruptcy fraud is a federal criminal offense that can have very
serious consequences, including a fine up to $250,000 and a
five-year federal prison sentence. Because of these severe
potential penalties, you never want to even face the accusation
of fraud during the course of your Long Island bankruptcy. The
following are three of the most common forms of bankruptcy fraud
and how you may avoid them.
Giving False Information to the Court
All documentation you file with the court is done so under the
penalty of perjury, just like any oral statements under oath in
court. Any false statements or omissions may be considered an
attempt to defraud the court. Even an unintentional mistake may
raise questions of possible fraud, so you always want to ensure
all documentation is correct and that all questions are answered
thoroughly.
Concealing Property
In Chapter 7 bankruptcy, many filers have to forfeit some
property or assets for liquidation to help pay their creditors.
Some bankruptcy filers may be tempted to report less income or
assets than they truly have in order to hold on to as much as
possible. Additionally, some filers try to temporarily transfer
property to friends or family members in an attempt to hide them.
Concealing property from the court can land you in serious
trouble, and an experienced bankruptcy attorney can help you make
use of the Long Island exemptions to keep the maximum amount of
property without hiding anything from the court.
Multiple Filings
Following a bankruptcy discharge, you must wait a certain number
of years to file again in Long Island, depending on the type of
bankruptcy you filed. Some people attempt to use false names,
social security numbers, or other information to try to file
multiple times in Long Island. Never be tempted to use false
information in a bankruptcy because, as discussed above, giving
false information is serious bankruptcy fraud.
Blog URL:How
to Avoid Accusations of Fraud in your Long Island Bankruptcy