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Posted On: November 29, 2010 by Scott Sagaria

What is Bankruptcy Fraud?

A San Jose bankruptcy attorney defines bankruptcy fraud.

Fraud can take on many forms, but Bankruptcy Fraud involves a person misrepresenting documents in order to gain an advantage when they file bankruptcy. Bankruptcy Fraud does not necessarily include a person who unknowingly misrepresents documents.

A person cannot be accused of bankruptcy fraud because he makes common mistakes. The mental state of the debtor must be included to make a charge. If the intent of the person filing was to mislead the judge and the creditors, then he can be charged with a federal crime.

To avoid bankruptcy fraud charges, a debtor should make sure he has all the documents he needs and has filled them out truthfully to the best of his knowledge. He also must make sure he has all the documents he needs to take to the hearing.

Bankruptcy fraud is a federal crime in the United States that can results in the convicted party paying fines and going to prison. A debtor convicted of the act may face up to five years in prison and up to $250,000 fine. Judges can impose these in any combination.

Please do not hesitate to contact us at our San Jose office by calling 408.279.2288 or 1800.941.6730 for your debt resolution needs. You can receive a free consultation over the phone, or request a free in person appointment at a Sagaria Law office nearest you. Please visit our website at www.sagarialaw.com and fill out a free online evaluation form to determine if you are a qualified candidate for bankruptcy. Sagaria Law's team of bankruptcy lawyers, bankruptcy client care specialists and bankruptcy staff at San Jose can assist you with all aspects of your bankruptcy case. We at Sagaria Law can assist you regarding filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. and we are happy to help! Our bankruptcy attorneys located throughout California and Oregon can assist you with your bankruptcy questions.

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