How do you prove someone committed bankruptcy fraud?
How do you prove someone committed bankruptcy fraud?
Bankruptcy fraud is a crime that can be extremely damaging. It is punishable by up to five years in Federal prison, as well as a fine of up to $250,000. The punishment could be higher if the defendant also committed another crime. Here are a few common examples of bankruptcy fraud.
In the first instance, if you suspect that someone has committed bankruptcy fraud, you need to prepare a summary of the alleged fraud. This document should include the name and address of the person reporting the fraud, the name and location of the bankruptcy case, the identifying information for the business or individual involved, the alleged fraud, and supporting documentation. It should also include the type of asset that was hidden and its estimated value.
In addition, you must prove the intent of the defendant. It is generally easier to prove the intent of the defendant than that of the debtor; and you must show that the wrongful act was not a mistake. It is a good idea to hire an attorney if you suspect someone has committed bankruptcy fraud.
In some instances, it is possible to prove fraud by checking for presumptive credit card abuse. This includes any use of credit cards in the 90 days prior to filing bankruptcy. This can include purchases of food, car repairs, or other luxury items. While the creditor's claim of fraud may not mean much, it can lead to a fraud lawsuit or judgment against the person.
If you have any questions or need a Bankruptcy Lawyer, please call this law firm for a free consultation.
Ascent Law LLC
8833 S Redwood Road Suite C
West Jordan UT 84088
(801) 676-5506
