There are many reasons for a person who is going to file for bankruptcy to work with a bankruptcy attorney. Not following the rules and filing guidelines to the letter can result in a delay in proceedings and many frustrations. In certain situations, it can lead to something even worse: Criminal charges. If a bankruptcy judge believes that you are trying to defraud the bankruptcy process, you could be in serious trouble.
The bad news is that people can sometimes commit fraud without realizing it. The good news is that a bankruptcy attorney can help you avoid making a potentially serious legal error. Read on to learn about some of the types of fraud that bankruptcy judges look for when deciding if someone is committing fraud. Then contact a bankruptcy attorney for a free consultation.
Potential Signs of Fraud
Judges generally use a checklist of sorts to determine if a person is guilty of bankruptcy fraud. Some of the items that may appear on said checklist include:
- How much time elapsed between charges and the bankruptcy filing;
- If a bankruptcy attorney was consulted before the charges were made;
- How many charges were made;
- How much the charges were made for;
- The financial condition of the person when they made the charges;
- Whether the person in question charged more than their credit limit;
- Whether or not the person in question made more than one charges on the same day;
- Whether or not the person in question was employed at the time of the charges;
- What the debtor’s potential employment prospects were;
- If there was a sudden change in the buying habits of the debtor;
- If the purchases the person in question made were for luxury items or were for necessary items.
This is Not an Exact List
What a judge is going to look for will vary from judge to judge and jurisdiction to jurisdiction. However, you can count on some items not being dischargeable no matter what. The current bankruptcy code has a presumption that debts for luxury goods and / or services that were incurred within 90 days of the filing are not dischargeable, and neither are cash advances in excess of $875 within 70 days of the filing.
Talk to a Bankruptcy Attorney Who Can Help You Today!
There is no reason to wait and wonder what is coming your way. You do not need to put yourself at the mercy of the bankruptcy judge. Likewise, you do not have to simply live with debt. The best way to find the right way forward is to get a free bankruptcy consultation. When you contact The Law Offices of Paul Y. Lee at 951-755-1000 we can find the right way for you! Call us today.
