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Valued Member
Posts: 115
Registered: ‎04-30-2012
0

Bankruptcy Fraud

Hello

I recieved a letter in the mail from my attorney and trustee and it was that the case was discharged but my trustee filed a case to fraud about conceling assets. 

 

In the letter it said hidden assets such as:

Checking Account : 7,125.47 

Personal Business Checking Account: 66,257.79

2008 Maserati Quattorporte 4.2 Sedan (Lease) which was given back before the bk 

 

Then the trustee went on to say that I was also conceling personal asset such as:

Womens Rolex

Designer Gucci Fur 

(9) Jimmy Choo & Christian Loubitan Shoes

Dining Room Candelier 

Diamond Tennis Braclet 

(2) Armani Mens Suit

When the trustee and attorney searched the house i showed them everything. and my attorney was the one who put the assets under the sed. B

I am scared about this. What Happens from here??

Frequent Contributor
Posts: 256
Registered: ‎09-04-2012
0

Re: Bankruptcy Fraud

I would take a deep breath and wait a minute before doing anything. I would meet with your attorney to discuss your options. Afterward I would I consult with another attorney that specializes in bankruptcy and problems related to bankruptcy. I when I filed Ch7, it took my attorneys 6 hours to file the paperwork.  My trustee meeting lasted about 3 hours but luckily he decided not to visit my home. I didn't have anything to hide and was glad not to deal with him at home.

 

I'm a little surprised your trustee didn't make you sell some of those assets. I'm also surprised that your attorney let you keep that much cash on hand.

 

Best of luck to you and this situation will also pass.

Valued Member
Posts: 115
Registered: ‎04-30-2012
0

Re: Bankruptcy Fraud


Guyatthebeach wrote:

I would take a deep breath and wait a minute before doing anything. I would meet with your attorney to discuss your options. Afterward I would I consult with another attorney that specializes in bankruptcy and problems related to bankruptcy. I when I filed Ch7, it took my attorneys 6 hours to file the paperwork.  My trustee meeting lasted about 3 hours but luckily he decided not to visit my home. I didn't have anything to hide and was glad not to deal with him at home.

 

I'm a little surprised your trustee didn't make you sell some of those assets. I'm also surprised that your attorney let you keep that much cash on hand.

 

Best of luck to you and this situation will also pass.


Yes I had to sell many items such as sub zero refrigeator, wolf range, wedding band, mens rolex, mercedes benz E550 , Cadillac Escalade, childrens furniture , and hunting rifles and much more and the trustee and attorney wrote everything down and they never included it 

Moderator Emeritus
Posts: 7,225
Registered: ‎09-16-2011
0

Re: Bankruptcy Fraud


nicholasc77 wrote:

Guyatthebeach wrote:

I would take a deep breath and wait a minute before doing anything. I would meet with your attorney to discuss your options. Afterward I would I consult with another attorney that specializes in bankruptcy and problems related to bankruptcy. I when I filed Ch7, it took my attorneys 6 hours to file the paperwork.  My trustee meeting lasted about 3 hours but luckily he decided not to visit my home. I didn't have anything to hide and was glad not to deal with him at home.

 

I'm a little surprised your trustee didn't make you sell some of those assets. I'm also surprised that your attorney let you keep that much cash on hand.

 

Best of luck to you and this situation will also pass.


Yes I had to sell many items such as sub zero refrigeator, wolf range, wedding band, mens rolex, mercedes benz E550 , Cadillac Escalade, childrens furniture , and hunting rifles and much more and the trustee and attorney wrote everything down and they never included it 


There are three methods of committing bankruptcy fraud: concealment of assets, multiple filings and petition mills. The number of bankruptcy fraud cases rises in proportion to the number of bankruptcy filings each year. Bankruptcy fraud convictions can result in a fine up to $250,000 US Dollars (USD) and/or up to five years in prison.

Concealment of assets is the most common type of bankruptcy fraud. This type of fraud occurs when the debtor hides his assets during the declaration phase of the bankruptcy process, in an attempt to keep them from being liquidated. Debtors may fail to include them on the list of assets, transfer ownership to family or friends and move assets into off-shore accounts.

 

Hopefully the courts will find that you did not attempt to conceal personal assets and you'll be free to go.


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Frequent Contributor
Posts: 305
Registered: ‎04-26-2012
0

Re: Bankruptcy Fraud

So, did your attorney fail to list these items despite you telling him/her about these assets?  If that is the case, you may want to consult with another attorney regarding potential malpractice by your original bk attorney.  First and foremost, I would immediately consult with a new bk attorney to see what you need to do.

 

Good luck.

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