California Bankruptcy Fraud Law
A California bankruptcy attorney describes the California bankruptcy fraud law.
During bankruptcy proceedings, if a transfer is made a year prior to the filing of a bankruptcy petition and proof of intent to actually defraud or hinder a creditor is established, then it’s considered actual bankruptcy fraud. The California bankruptcy fraud law exists to prevent these types of events from taking place to protect creditors;
18 U.S.C § 152 (2005)
• “Knowingly and fraudulently concealing any property belonging to the estate of a debtor from” a custodian, trustee or officer of the court.
• “Knowingly and fraudulently, in a personal capacity or as or through an agent, proxy, or attorney” present any false claims for proof against the estate of a debtor.
The punishment for violating any part of section 152 of the California bankruptcy fraud law can be met with a fine, and imprisonment not more than five years or both as stated in 18 U.S.C. § 152 (2005).
In order to convict a defendant on a count of bankruptcy fraud, under section 152, a jury has to find beyond a reasonable doubt that the concealment of assets was made knowingly and fraudulently, and to establish material fact of false representation with intent to deceive.
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, bankruptcy in California, call us at 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.
