Bankruptcy Fraud

[techguy74]

is there a statute of limitation on reporting bankruptcy fraud? If the fraud can be proven and is reported to the US attorney generals office, what are the possible ramifications for the person who committed this fraud? Does it matter if the bankruptcy has been closed?

[keepmine]

BK's can be reopened and the penalities can range from revoking the discharge to, a criminal conviction and a prison sentence.

[justbroke]

is there a statute of limitation on reporting bankruptcy fraud? If the fraud can be proven and is reported to the US attorney generals office, what are the possible ramifications for the person who committed this fraud? Does it matter if the bankruptcy has been closed?

There is none for outright fraud. However, there's a difference between abuse, fraudulent transfers, avoidable transfers, and "actual" fraud. The fraud would need to be covered by 18 USC 157. There is no statute of limitations on actual fraud.

The fraud should be presented to the Office of the United States Trustee (OUST). The UST would decide whether to refer the case to the U.S. Attorney's office, proceed to re-open the case themselves in the U.S. Bankruptcy court, or do nothing.

[techguy74]

There is none for outright fraud. However, there's a difference between abuse, fraudulent transfers, avoidable transfers, and "actual" fraud. The fraud would need to be covered by 18 USC 157. There is no statute of limitations on actual fraud.

The fraud should be presented to the Office of the United States Trustee (OUST). The UST would decide whether to refer the case to the U.S. Attorney's office, proceed to re-open the case themselves in the U.S. Bankruptcy court, or do nothing.

This would definitely be classified as outright fraud, not fraudulent transfer or any other things listed.

[frogger]

If you know of bankruptcy fraud and want to report it, here's how to start:

http://www.justice.gov/ust/eo/fraud/

[techguy74]

Thank you for the information everyone - I did not want to do this but this was just outright fraud!!!!

[HHM]

It really depends on the conduct in question.