November 29, 2010

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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November 2, 2010

What is Bankruptcy Fraud?

A San Jose bankruptcy attorney gives basic information on bankruptcy fraud.

Bankruptcy laws allow people and businesses who can no longer pay their creditors to "start over," by liquidating their assets to pay their debts or by creating a repayment plan. However, some debtors decide to willfully deceive the court when they file their cases. This bankruptcy fraud can take several forms. One is the concealment of asset accounts. Debtors may not list all assets as required by law, may transfer assets to someone else, or list them as less than their actual value. Concealment of assets accounts for 70 percent of all bankruptcy fraud.

With petitions mills, a "typing service" files bankruptcy in a the name of a tenant who is having financial problems and then drags out the case for an extended time. Also, debtors can file in multiple states, using real or fake information. The assets listed in each filing are different, in an fraudulent effort to protect the assets against total liquidation.

The penalties are severe if a person is caught purposefully trying to deceive the legal system through a fraudulent bankruptcy filing. Bankruptcy fraud is a felony and is punishable with a maximum penalty of five years in federal prison and a maximum fine of $250,00.

We can answer all your questions 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. If you need help regarding a bankruptcy in San Jose, call us at 408.279.2288 or 1800.941.6730 and we will be more than happy to offer you a free consultation over the phone. You can also fill out a free online evaluation at our website, www.sagarialaw.com, or request a free face to face appointment at a Sagaria Law office location close to you. We have bankruptcy attorneys located throughout California and Oregon to assist you with all your debt resolution needs.

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November 1, 2010

Bankruptcy Fraud Penalties

A San Jose bankruptcy attorney describes the consequences of bankruptcy fraud.

One of the worst crimes that a person in the United States can do is defraud the government. One area that fraud happens is in bankruptcy proceedings. Bankruptcy fraud happens all of the time and bankruptcy fraud penalties vary from case to case.

Bankruptcy fraud is committed when an individual or business files for bankruptcy and intentionally hides, conceals, or lies about the ownership of items in their possession. The government can liquidate assets in bankruptcy proceedings and if information is being held back, it hurts the creditors and it hurts the public as a whole.

The Internal Revenue Service and The Justice Department are the ones who are in charge of prosecuting bankruptcy fraud. Some of the penalties that arise from bankruptcy fraud are jail time, significant fines and fees, and restitution. Depending on the judge, both jail time and the fees and restitution can be levied or it can be just payment of fines and restitution and not having a criminal court case. Bankruptcy fraud penalties all hinge on who exactly is presiding of the case.

At Sagaria Law, we offer an exceptional team of bankruptcy lawyers, bankruptcy client care specialists and bankruptcy staff supporting San Jose. If you need help regarding bankruptcy in San Jose, contact us at 408.279.2288 or 1800.941.6730 for a free consultation or visit us online at www.sagarialaw.com to request a free in person appointment at a Sagaria Law office location nearest you. We can answer your questions 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. We have bankruptcy attorneys located throughout California and Oregon to assist you with all your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation to quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Jose!

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October 21, 2010

What is False Bankruptcy?

A San Jose bankruptcy attorney defines the process of a false bankruptcy.

False bankruptcy is the process of filing a bankruptcy claim by means of using someone else identify. The thief steals another persons' name, social security number, and other pertinent information. Oftentimes, people can afford to pay their debts, but they would rather file a false claim in hopes of avoiding their obligations. Unfortunately, this is true of so many people. False bankruptcy claims have been the down fall of so many innocent people.

Many victims find out they are a victim of such a crime, usually by accident. For instance, if a credit card no longer works, or have been suspended or blocked (unexpectedly), usually sends out a warning signal that something is wrong. People who file false bankruptcy claims using another persons identify usually have destroyed their own credit, and are desperate. It's a good ideal to shred, or destroy any personal records that are no longer in use.

There are laws that protect individuals from such offenses. One way to protect yourself is to periodically request a copy of all three credit reports. The law allows each person to receive their credit report annually, from all three credit bureaus without paying a fee. This is one way to fight back.

At Sagaria Law, we offer an exceptional team of bankruptcy lawyers, bankruptcy client care specialists and bankruptcy staff supporting California. If you need help regarding bankruptcy in California, contact us at 1800.941.6730 for a free consultation or visit us online at www.sagarialaw.com to request a free in person appointment at a Sagaria Law office location nearest you. We can answer your questions 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. We have bankruptcy attorneys located throughout California and Oregon to assist you with all your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation to quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, California!

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Posted In: Bankruptcy Fraud

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If the courts do not accept your bankruptcy filing because of an error on our part, we will refund 100% of your money, including the filing fee!

At Sagaria Law, PC we want to guide you on the path to financial freedom and realize this is not an easy task for most. We respect your devotion to better your circumstances even with financial hardship and thus are willing to guarantee that if you retain us, we will do everything we can, legally and ethically, to help you become debt-free.

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The Sagaria law guarantee covers everything that a bankruptcy law firm produces in order to successfully complete a bankruptcy filing. We guarantee that it will be done in a manner that is accepted for filing with the bankruptcy clerk's office.

There may be reasons beyond our control that may cause a case to be dismissed. Therefore, the 100% Money-Back Guarantee does not guarantee;

  1. That you will receive a discharge.
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  3. That your case won't be dismissed for reasons not related to the paperwork being accepted for filing.
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