Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

What It Means to Commit Bankruptcy Fraud

When filing for bankruptcy, it is extremely important that you fully disclose all information requested and that all information provided be accurate and true. Although, most people who file for bankruptcy are honest hardworking people, some individuals can be tempted to hide property and assets.  This is called bankruptcy fraud, which is a federal crime that the U.S. Department of Justice takes very seriously.

Bankruptcy fraud occurs when a person knowingly and fraudulently commits certain prohibited acts in their bankruptcy case. It is estimated that somewhere around 10 percent of all U.S. bankruptcy filings include some form of bankruptcy fraud. If this fraud is discovered, the person committing the fraudulent act can face fines up to $250,000 and even imprisonment for up to five years in federal prison.

The four most common types of bankruptcy fraud include: concealment of assets, petition mills, multiple-filing schemes, and bust-out schemes. It must be shown that the person intended to commit the crime of bankruptcy fraud, which means that intent to deceive must be present. The person must have planned to commit the fraudulent act. If, for instance, someone makes a mistake in their forms or accidentally forgets an asset when preparing the documents, fraudulent intent is not necessarily there.

One of the most common types of bankruptcy fraud is concealment of assets. Concealing assets accounts for approximately 70 percent of all bankruptcy fraud cases reported. A person should never assume they can outsmart the bankruptcy court. Bankruptcy trustees are experts at finding undisclosed cash, property, vehicles, boats, jewelry, antiques, and collectibles. If you are caught trying to hide assets, the consequences are big. Your discharge will be denied, and you will be unable to discharge the debts you listed in a subsequent bankruptcy filing.

Another form of bankruptcy fraud is making false statements either in sworn documents filed with the court or in person to the bankruptcy trustee. Debtors are required to fill out a bankruptcy petition and a number of other supporting documents, which includes a schedule of income and assets as well as a sworn financial declaration. By submitting these documents, you are swearing that all information provided is completely true.

Bankruptcy fraud can also be committed by someone filing too many bankruptcy cases in two or more states. These filings can be made using the same name and information or also false name and information, so long as they were filed by the same person. In these types of cases, the debtor will list the certain assets on some claims while other assets on the others, thus confusing the system. The ultimate goal of these multiple filings is to keep assets from total liquidation, giving the person time to conceal assets he or she wishes to keep.

Another form of bankruptcy fraud that seems to focus heavily on non-English speaking claimants involves bankruptcy petition mills. These “mills” are fraudulent schemes committed by a third-party, where that person claims to be a consultant who can help someone avoid eviction. That person gets all of the tenant’s information and files a bankruptcy petition without the tenant ever knowing. While the bankruptcy case is pending, the perpetrator of the crime will often completely clean out the tenant’s bank accounts and destroy his or her credit.  Sadly, these types of schemes are on the rise, especially in areas where many non-English individuals reside.

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If you have questions on this topic or are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade Garcia McMaken has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade Garcia McMaken website at www.miamibankruptcy.com.

 

 

 

 

 

 

Bankruptcy Law, Credit Card Debt, Debt Relief, Timothy Kingcade Posts

When to File for Bankruptcy

Coming to the decision to file for bankruptcy is not an easy choice to make. Many individuals consider bankruptcy to be an admission of failure, but it can oftentimes be the only way for them to truly obtain a fresh financial start. Certain decisions and factors must be considered when coming to the decision to file for bankruptcy.

One consideration that often holds people back from making the decision to file is the effect the filing will have on their credit. The effects of bankruptcy on a person’s credit score depends on the score the filer had before filing for bankruptcy. If you have a higher credit score, the effect the bankruptcy will have will be more noticeable. However, if you have a lower credit score to begin with, the change may not be as much after filing for bankruptcy.

It helps to sort through the myths and facts before making that final decision, and if you do choose to file for bankruptcy, this does not mean all hope is loss. There are proven ways to rebuild your credit score after bankruptcy, and our clients are proof!

My credit score said on all three reports 775, I couldn’t believe that I had such a great score before 10 years. Tim for me was the best move I have made for my situation. I have no regrets, I am glad the past is the past. – Bill T.

Hi Tim- I just wanted to send a quick note and thank you and your team for handling my bankruptcy case.  It is only a month or two after discharge, and my credit scores are already in the upper 600’s. – C.S.

Traditionally, two of the biggest reasons people file for bankruptcy are the result of a serious medical crisis or a divorce. Both can cause a person’s financial situation to change overnight. Even if someone has medical insurance, a major medical crisis can still put them in a tough financial spot, especially if that person must pay a high deductible for his or her medical costs. The same goes for a divorce and losing the financial support of another person in a relationship.

Several factors need to be considered when deciding which form of bankruptcy to choose. Chapter 7 bankruptcy takes approximately three to six months to have the debt discharged, which includes most of the filer’s unsecured debt, including medical bills, credit card debt and personal loans. Other types of debt are excluded for the most part, including student loan debt, child support, spousal support and tax obligations. The bankruptcy trustee may choose to sell of non-exempt property to pay off the debt, although most property falls under an exemption- which means you can keep it. Property that is secured and is associated with a piece of property, like a home, can be kept so long as the debtor is able to keep up on payments and maintain the property. Therefore, if most of your debt involves credit card debt or medical debt, Chapter 7 may be the best option for you to eliminate this burden.

If you are behind on your mortgage payments but want to keep your home, many times, the Chapter 13 filing is a more logical choice. In a Chapter 13 case, you can lump past due mortgage payments into the repayment plan and pay them over time while keeping current on payments.

The bankruptcy means test determines whether or not you are eligible to file for debt forgiveness through Chapter 7 bankruptcy. The test uses factors such as: income, expenses and family size to determine who can afford to repay their debts through reorganization and who cannot.

It is always recommended that you speak with an experienced bankruptcy attorney before making any decision to file or not file. If you are expecting a large lump sum payment, such as an inheritance or tax refund, the attorney may advise you to wait on filing and utilize that money on needed expenses first before filing to avoid losing it in a bankruptcy. Be honest with your attorney during this meeting and fully disclose all your financial circumstances so that the best decision can be made.

If you have questions on this topic or are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade Garcia McMaken has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade Garcia McMaken website at www.miamibankruptcy.com.

Related Resources:

https://www.magnifymoney.com/blog/pay-down-my-debt/debt-guide-file-bankruptcy/