In the United States, bankruptcy fraud is a federal offense. Therefore, a conviction in Sacramento may result in a fine of up to $250,000 USD and/or five years in incarceration. There are three categories of bankruptcy misconduct: asset concealment, multiple filings, and petition mills.
Statistically speaking, the most prevalent form of fraud is the concealment of assets. As the name suggests, the insolvent conceals a portion of his assets in order to prevent them from being liquidated.
Occasionally, a fraudulent debtor will apply for bankruptcy in multiple states while submitting incomplete asset lists.
A petition mill is a distinct form of bankruptcy fraud in which a third party files for bankruptcy in place of the actual debtor without the debtor's consent. They primarily involve tenancy issues. As the regulations for filing for chapter 7 bankruptcy have become more stringent, bankruptcy law changes have actually led to an increase in these practices.
This has led to an increase in the number of Chapter 13 bankruptcy filings. In this case, the delinquent must repay a portion of the debt within five years.
Sometimes bankruptcy attorneys engage in difficult-to-catch legal misconduct; therefore, you should choose your attorney with care.
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