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Is this fraud? What will happen??

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    Is this fraud? What will happen??

    Long story short, I know someone that filed bankruptcy but BEFORE they did (90 days before) they went spend happy and bought a ton of things (Lous Vuitton purse & wallet, Tiffany's sunglasses, bracelet, necklace.... 60+ inch TV, surround sound system, lap top... the list goes on and one)

    Well some people that don't particular like this person called up her trustee and told them everything that she had bought. As far as I know, they didn't use a CC they used an income tax return. The trustee told everything they listed on their assets sheet and it was the bare minium and all lies.
    Well, these people who don't like her printed out her Facebook status' for the 90 day prior to her file date and presented them to the trustee. This person is a ding-dong and had status updates like 'enjoying my new tv' and even a picture with the PRICE of the new purse.

    They had the 341 meeting and the trustee asked all the regular questions then went back and started asking specific questions about specific items. Some she claimed and was asked to ammend her assets sheet. Others she did not claim (although they see she has it). And unbeknownst to her a detective from the Department of Justice was sitting in on the 341 meeting to hear her answers.

    My question is, what happens now? If she ammends her assets sheet to include everything will she be fine?? What if there are things she lied about under oath but now wants to be truthful about? Is she is trouble regardless? They have a motion to stay tomorrow... that's for a car they are surrendering.. but after that what next? Will the Department of Justice get her for fraud?

    Thanks in advance

    #2
    My advice is don't pay attention to Facebook
    Chapter 7 07/30/2008
    341 09/17/2008
    Discharge 11/21/2008

    Comment


      #3
      Originally posted by Roxy9458 View Post
      Long story short, I know someone that filed bankruptcy but BEFORE they did (90 days before) they went spend happy and bought a ton of things (Lous Vuitton purse & wallet, Tiffany's sunglasses, bracelet, necklace.... 60+ inch TV, surround sound system, lap top... the list goes on and one)

      Well some people that don't particular like this person called up her trustee and told them everything that she had bought. As far as I know, they didn't use a CC they used an income tax return. The trustee told everything they listed on their assets sheet and it was the bare minium and all lies.
      Well, these people who don't like her printed out her Facebook status' for the 90 day prior to her file date and presented them to the trustee. This person is a ding-dong and had status updates like 'enjoying my new tv' and even a picture with the PRICE of the new purse.

      They had the 341 meeting and the trustee asked all the regular questions then went back and started asking specific questions about specific items. Some she claimed and was asked to ammend her assets sheet. Others she did not claim (although they see she has it). And unbeknownst to her a detective from the Department of Justice was sitting in on the 341 meeting to hear her answers.

      My question is, what happens now? If she ammends her assets sheet to include everything will she be fine?? What if there are things she lied about under oath but now wants to be truthful about? Is she is trouble regardless? They have a motion to stay tomorrow... that's for a car they are surrendering.. but after that what next? Will the Department of Justice get her for fraud?

      Thanks in advance
      Wow. I dislike fraud, but I also dislike the fact that someone who doesn't like another person would go through the trouble of printing out a persons Facebook page and send it to a bankruptcy trustee.
      Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
      I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

      Comment


        #4
        OK, those who have followed my story know my story however I had an enemy that attempted to do the same to me by writing the Trustee things that actually were not true. He even took an AP out on me. He was a Devil. However all is right in the end and he is now out of the picture.

        It is not right that a third party attempt a side attack. It is definitely not right to commit fraud. If the person committed constructive fraud right before the 90 day look back, the Trustee suspects it by any means, the Trustee can look back far, far back. They could be audited.

        The Bk Court is not unfriendly. There are two things they do not like. Lies, and fraud. It would not surprise me that the Trustee sanctions those people if he sees that their schedules are not correct. Two wrongs do not make a right but it does not buy forgiveness for the original wrong. If I were the Trustee I would further question them. Remember I had to face the same thing and was ignorant. From what you described they had their "last fling" before their bankruptcy and they may have to pay for it. 'Hub

        P.S. Hey hello TEW. Where you been?
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

        Comment


          #5
          so many people have gotten themselves in trouble due to info they post on facebook about there ever changing lives. I know someone who lose there disability due to info on there facebook page that they posted. I don't believe in telling people business, but you take your chances when you tell all of your business to the world by facebook, twitter, myspace and e-mails.

          Comment


            #6
            So OP is a trouble maker, or her friend,... or herself??.. My guess is just based on her #1 post only....

            Comment


              #7
              I had a friend who was robbed while on vacation because she updated her Facebook account...I am in Hawaii, I am in California...3000 miles away from home. Be careful what you post!

              Comment


                #8
                That's what happens when you have people on your facebook account you don't know well or don't like. And, don't people realize you can set your account to private so only your friends can see it? I don't have anything to hide, buy my wife's biological father is crazy, so everything on our pages is private. And the only people who can see our info are people we know personally.

                Anyways, this person should be in trouble for lying. I don't understand why the Trustee didn't ask where their income tax refund went anyway. My wife and I spent our $4000 tax refund, nothing on luxury, and we have all of our receipts.
                I may be smarter than an attorney, but I'm not one. No legal advice here, people.
                Filed Ch. 7 pro se on 10/22/10 341 on 11/19/10 Report of No Distribution Filed on 11/19/10 Discharged 1/19/11 Closed 2/2/11

                Comment


                  #9
                  Actually, this is a perfect example of what can happen when you put anything personal and revealing ANYWHERE on the Internet. No matter how 'private' the site may be, and no matter how many safeguards there are, there are hackers and crackers that make it their hobby to break the code. 'Hub and I are the 'poster children' for cyberstalking via the Internet.
                  "To go bravely forward is to invite a miracle."

                  "Worry is the darkroom where negatives are formed."

                  Comment


                    #10
                    I knew someone (this was about 7-10 years ago) that did the same thing, charged up a bunch of stuff, maxed out all her cards, bought a new car, used cc checks to pay off the balance on another car, etc., all with the intention of filing BK in the near future. Some of the creditors "objected" to her BK and she was required to pay back some of the $$ over time (although, most of her debt was still discharged). I was surprised the Trustee didn't dismiss her case for fraud...oh well.
                    May 2008 Hired 1st Attorney/Stopped paying CCs
                    May 21, 2009 Retained 2nd Attorney
                    May 28th - Filed for Ch 7 (FINALLY!)
                    9/11/09 - DISCHARGED!!!!

                    Comment


                      #11
                      Originally posted by dumpinmydebt View Post
                      That's what happens when you have people on your facebook account you don't know well or don't like. And, don't people realize you can set your account to private so only your friends can see it? I don't have anything to hide, buy my wife's biological father is crazy, so everything on our pages is private. And the only people who can see our info are people we know personally.
                      I don't get that either. I see so many of my daughter's friends' accounts - we're talking pre-teens here that aren't blocked. Anyone and everyone can see everything they write, every picture they post. Just blows my mind. If you aren't on my friend list -- you're not getting onto my page!

                      My daughter's friend posted the other day - "I got a friend request from someone I don't know. Should I accept it?" I about died -- you seriously had to ask that question? Within minutes, she had a ton of us Moms on there telling her how to ignore it, block the user, etc. My daughter does have an account, but if she ever changes the password so I don't have full access to it, that account is HISTORY!! It's just too crazy of a world out there!
                      04/01/10 - Hit rock bottom and knew we were going to have to file for bankruptcy and surrender our home. 12/14/10 - Filed Chapter 7, 02/09/11 - 341 Hearing, 04/14/11 -

                      Comment


                        #12
                        My kids have FB accounts, with privacy/block and their 'friends' are family and friends from school. My girls don't even know their own passwords... I have them saved on the home computer, but that way I control when & how they access it.
                        Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
                        (In the 'planning' stage, to file ch. 13 if/when we have to.)

                        Comment


                          #13
                          Look folks. I have 40 years experience in this computer stuff. I have also "skip traced". Give me a name and a town, I can find you. Give me an IP address and time and I can find you.

                          PLEASE keep your children off this Internet. If you decide you cannot, control it 100%. There is NOTHING anonymous in the Internet. I have spent thousands of dollars in suit due to this subject. It is what got us here. I have had criminal investigations against me due to falsification of evidence, as well as FBI and FDLE investigations. The trap of the Internet can do far more than take your identity, as it can well do.

                          We are still in Internet infancy. We do not have protection, and once any kind of information--whether true or not--is put up, it is there for eternity. Trust me on this. There are web archive machines out there. Keep the children off or strictly supervised.

                          Many teens have committed suicide over this tool. Just Google "Internet caused suicide" and read this. 'Hub
                          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                          Comment


                            #14
                            'How Do I Delete My Facebook Account?' Google Query Grows In Popularity :



                            LOL . . I hope Facebook and Twitter burn.

                            Comment


                              #15
                              Yeah, this person really doesn't like this girl. I'm her friend but I have a hard time putting her mind at ease because I KNOW she is lying to the trustee and trying to get away with all this.

                              Everything on her Facebook is TRUE that's the issue... it's not hear say. It's stuff that SHE posted on her status updates. I personally would never put my personal life in my status updates but she does. Maybe it will teach her a lesson. I love her but I can't honestly tell her that it's 'going to be fine' When I really don't know.

                              She should be on here asking these questions.... I'm gonna have to talk to her. You guys seem every informative and helpful!

                              Comment

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