Legal Definitions - bankruptcy fraud

Bankruptcy fraud is a type of white-collar crime that involves intentionally deceiving the bankruptcy court or creditors during the bankruptcy process. This can take several forms:

• Concealing assets to avoid forfeiting them
• Filing false or incomplete forms
• Filing multiple times in different jurisdictions using false or real information
• Bribing a court-appointed trustee

Bankruptcy fraud is often committed in conjunction with other crimes, such as identity theft, mortgage fraud, money laundering, and public corruption.

The most common form of bankruptcy fraud is concealing assets. This involves failing to disclose certain assets to creditors, which allows the debtor to keep them despite owing a debt. Debtors may also transfer undisclosed assets to friends or relatives to avoid detection. This type of fraud makes loans more expensive for everyone because it raises the risk and costs associated with lending.

Another type of bankruptcy fraud is petition mills. These are companies that claim to help tenants avoid eviction by negotiating on their behalf. However, they actually file for bankruptcy in the tenant's name and charge exorbitant fees, leaving the tenant with no savings and a ruined credit score.

Multiple filing fraud occurs when a debtor files for bankruptcy in multiple jurisdictions using the same name and information, aliases and false information, or some combination of real and false information. This clogs up the bankruptcy court's docket and slows down the process of asset liquidation.

Bankruptcy fraud is a serious crime that can result in up to five years in prison, a fine of up to $250,000, or both. Even intending to commit bankruptcy fraud can be punishable.

An example of bankruptcy fraud is when a debtor fails to disclose a valuable piece of property, such as a vacation home, to creditors. This allows the debtor to keep the property despite owing a debt.

Another example is when a debtor intentionally files false or incomplete forms, such as failing to disclose all sources of income or assets.

Multiple filing fraud can occur when a debtor files for bankruptcy in multiple jurisdictions to avoid detection of assets.

Petition mills are another example of bankruptcy fraud. These companies deceive tenants into thinking they are negotiating on their behalf, but actually file for bankruptcy in their name and charge exorbitant fees.

These examples illustrate how bankruptcy fraud involves intentionally deceiving the bankruptcy court or creditors to avoid forfeiting assets or paying debts.