I read something the other day and it raised a few questions regarding fraud in a BK process. Obviously someone who commits fraud and then files can be dismissed, but how is that process done? Is it through an AP filing or something simple as the creditor showing up at the 341 and then meeting with a judge? How is a filer protected from the crazy people out there who are angry with the filer and just want to create problems for him/her?
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How can a case be dismissed for fraud?
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A trustee and a judge can tell whether there is true fraud (or bad faith) or someone just trying to make trouble. They've seen it all and are pretty darned good at sniffing out things. How the process is started I have no idea.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.
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