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Bankruptcy Fraud Abuse: Avoiding Fraud Allegations When Declaring Bankruptcy

Bankruptcy Fraud Abuse: Avoiding Fraud Allegations When Declaring Bankruptcy
"""If you are unable to keep up with your obligations and don't see many viable alternatives, you may be contemplating bankruptcy as a means of obtaining financial relief. However, if you are not careful, you may end up wounding yourself in the foot by exposing yourself to fraud and abuse allegations.

Credit card companies and other creditors would do anything to prevent you from discharging your debts through Chapter 7 bankruptcy. As a result, they will remain vigilant for any indications of potential fraud or misuse on your part.

If you are concerned about the possibility of being accused of fraud, you should first consider whether you incurred a number of charges promptly prior to filing for bankruptcy. A abrupt change in your credit card activity (such as multiple charges on the same day or much larger charges than usual) may indicate to the bankruptcy court that you were attempting to take advantage and charge as much as possible prior to filing for bankruptcy.

A bankruptcy judge will be especially concerned if you began making multiple minor charges in a single day shortly before filing for bankruptcy. This is due to the fact that creditors are less likely to detect minor charges. Remember that determining fraud (and distinguishing it from simple stupidity) can be challenging, and the court is essentially attempting to determine your intentions.

If you consulted a bankruptcy attorney prior to making these charges on your credit card, this is also cause for concern. The court may conclude that you had already decided to file for bankruptcy and should have known better than to charge additional items to your credit cards if you had no intention of paying them off.

Obviously, this is also not set in stone. Prior to making a definitive decision, many people consult with a bankruptcy attorney in order to better comprehend their options. If you consulted a bankruptcy attorney and then made additional charges on your credit card, this does not necessarily indicate that you committed fraud, but it is an additional cause for concern.

It is difficult to ascertain your mental state when you made the charges, but it is crucial. For instance, if you believed that your financial situation would improve in the near future (perhaps because you were anticipating a new job), this would not be considered a fraudulent charge because you intend to repay these debts in full.

The definition of a luxury item is debatable, but luxury purchases are an additional significant issue. Within 90 days of filing for bankruptcy, if you made luxury purchases totaling at least $500 to a single creditor, you are presumed to have committed fraud. This means that you must now demonstrate that you completely intended to pay for these charges in order to prove your innocence.""

" - https://www.affordablecebu.com/
 

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"Bankruptcy Fraud Abuse: Avoiding Fraud Allegations When Declaring Bankruptcy" was written by Mary under the Finance / Wealth category. It has been read 126 times and generated 0 comments. The article was created on and updated on 02 June 2023.
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