Bankruptcy Abuse and Fraud Lawyer

What is Bankruptcy Abuse and Fraud?

Bankruptcy
Bankruptcy Law
Bankruptcy Lawyer
Bankruptcy Fraud

The benefits provided to debtors under Bankruptcy law at times is misused with a fraudulent intention to escape payments, even when an individual is capable to repay his/her creditors back.

 

If you suspect your debtor of bankruptcy fraud, you must seek help of an attorney who has an impressive record of success. Fighting bankruptcy fraud requires service of an expert attorney who has in-depth knowledge of legal procedures and experience in dealing with bankruptcy fraud issues.

 

The bankruptcy lawyer guides you on your rights as creditors as well as designs the future course of action that helps you to come out of the situation faster.  Especially, in a fraud case where you need to prove your debtor guilty of his/her crime, you need assistance of a legal expert who is adept in dealing with bankruptcy fraud cases.

 

Filing petition for bankruptcy otherwise may prove to be a lengthy and costly affair. However, with 911LegalNetwork you get the services of expert attorneys in less than $1 per day. The panel of lawyers associated with us is proficient and hold a good record of accomplishment that is essential to provide quick and successful disposal of bankruptcy fraud cases.

 

Get connected to the top lawyers who can assist you from the initial stage of filing a petition to representing you in court. Report your legal issue now by just filing up an easy online bankruptcy form. The most suitable attorney from the panel of our bankruptcy litigation lawyers will contact you within 24 hours of your request.

Implementing the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005:

How to avoid Bankruptcy Fraud?

What is Bankruptcy Fraud?

Bankruptcy Fraud is a business crime of filing for bankruptcy with criminal intent, that is with the intention of evading payment for goods even though the buyer has funds that could be used to pay for them, or accepting payment for goods or services but not supplying them.

 

Common types of bankruptcy fraud include petition mills, false oath, concealment of assets, and fraudulent conveyance. Multiple filings are not per se fraudulent; as with all things in the law, it depends on the circumstances. Bankruptcy Fraud should be distinguished from Strategic Bankruptcy, which is not a criminal act (but may prejudice a judge against the filer if there is evidence that bankruptcy is being used strategically).

 

In the United States, bankruptcy fraud is a federal crime. Its provisions are found at Title 18 of the United States Code. It is prosecuted by the United States Attorney, typically after a reference from the United States Trustee, the Interim Trustee, or a bankruptcy judge.

 

Bankruptcy fraud can also sometimes lead to criminal prosecution in state courts, under the charge of theft of the goods or services obtained by the debtor for which payment, in whole or in part, was evaded by the Fraudulent Bankruptcy Filing.

 

One can violate bankruptcy laws and misuse benefits provided with a fraudulent intention.   If you feel your debtor is cheating on you and not giving any genuine reason for delay payment, seek an attorney help. An experienced lawyer with a good record will fight your bankruptcy fraud case and helps you in getting justice.

 

As a creditor, law has endowed you with rights and power to raise your voice incase of their violation. Your attorney will ensure your interest and represent your bankruptcy fraud case in the courtroom. He helps in proving your debtors guilty and getting back your due payment.

 

The law has also empowered debtors with several rights and protects them form any kind of violation.  If your creditors are harassing you that include mental and physical torture for their payments, do not be mum and take an attorney help. Just log in to our legal website and connect to experienced panel of lawyers in less than a dollar per day.

 

Our main concern is to help people in getting justice without any delay and at an affordable rate. We assist you in filing a petition against the guilt and provide complete guidance in a litigation process. Within 48 hours of your request, our attorneys will contact you.

Bankruptcy Abuse Prevention &Consumer Protection Act of 2005:

(In 2005), the United States Congress enacted and President George W. Bush signed into law legislation that vastly changes the laws of bankruptcy as they pertain to individuals. This law will go into effect on October 17, 2005 and drastically change the historical American version of bankruptcy in that creditors will be treated much more favorably than debtors. Some of the more significant (and controversial) changes include:

 

  • Making it more difficult for individuals to receive a Chapter 7 discharge. A means test is to be imposed on would-be filers, one that is linked to whether the debtor’s earnings in the six-month period prior to filing were above or below the median income for the debtor’s state of residence.
  • Making Chapter 13 far less attractive by, amongst other things, eliminating its “super discharge,” eliminating the ability of debtors to “cram down” non-residential secured property (i.e., to disallow them from paying off the real value of the secured property as secured while treating the excess value as unsecured, by disallowing the reduction of interest charged on the debt to reasonable values), by removing the credit for payments on retained secured property from the calculation of disposable income, and by requiring that debtors undergo counselling in order to file under Chapter 13.
  • Making Chapter 13 far less attractive by, amongst other things, eliminating its “super discharge,” eliminating the ability of debtors to “cram down” non-residential secured property (i.e., to disallow them from paying off the real value of the secured property as secured while treating the excess value as unsecured, by disallowing the reduction of interest charged on the debt to reasonable values), by removing the credit for payments on retained secured property from the calculation of disposable income, and by requiring that debtors undergo counselling in order to file under Chapter 13.
  • Limiting the Homestead Protection to $125,000 in equity and establishing a 40 month residency period before such protections are recognized in Bankruptcy.

 

The legislation, sponsored (introduced) by the chairman of the Finance Committee, Republican Senator Chuck Grassley of Iowa, was supported by President George W. Bush and opposed by many Democrats and the Green Party. Although the original legislation was introduced during the Clinton Administration, and had more bi-partisan Congressional support at the time, the president vetoed it nonetheless. The bill languished for years due to disagreements in Congress as to the level of the means test, and whether anti-abortion groups could use bankruptcy to discharge fines levied against them by courts for actions that resulted in property damage or injury such as bombing abortion clinics.

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