Is that fraud that you're feeling?

[Dst1]

intent to deceiveResources

Bankruptcy Fraud Resource Center

http://bankruptcyfraud.typepad.com/bankruptcy_fraud_resource/

Federal Bankruptcy Fraud Statute, 2006

http://trac.syr.edu/laws/18/18USC00152.html

Identify Bankruptcy Fraud, 1999
Office of the US Trustee

http://www.crfonline.org/orc/pdf/ref11.pdf

http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/crm00840.htm

http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/crm00841.htm

http://www.irs.gov/compliance/enforcement/article/0,,id=117520,00.html

http://www.irs.gov/compliance/enforcement/article/0,,id=118207,00.html

Puckett v. United States, p.17

http://www.supremecourtus.gov/oral_arguments/argument_transcripts/07-9712.pdf

[jktrading]

I think some people feel they "fudge a little," and are unsure if that would be fraud. I do hear what you are saying about not hiding assets and not lying. Quite a few people do understand that BK is inevitable, yet still charge. That's why most advice given in this forum is to wait, wait, and wait some more from your last charge before filing.

Charging when you know you are going to be filing is technically fraud, but seems to me to be done by quite a few. Proving fraud is another thing of course. I do understand people being nervous, and will still advocate waiting as long as possible to file from charging.

[catleg]

I think one notch down from the fraud fear is the fear of objections. I've been reading cases on line from Pacer to get a feel for how things work in my district for Chapter 13. In the majority of cases I've seen the reasons for objection are mostly (a) too many motor vehicles and (b) the trustee feels that you aren't giving up all your disposable income. I've *never* seen one regarding the usage of a credit card shortly prior to the filing. There are some thresholds built into the law regarding the 90 days or 70 days prior to filing, but as I've said before, broke is broke, and I've never seen a filling like that in a case yet, though I am certainly not an exhaustive resource on that subject.

[magyar123]

I think that the most prevalent form of "fraud" is when filers neglect to list other people and these other peoples' income in their households, making it easier to qualify for Chapter 7s, especially if they're borderlined on the medium pay issue.

[Zareg]

I was feeling this way myself. I have made a deal to sell my truck and I am afraid I sold it for about $1700 less than it's worth. I did this through ignorance, not an attempt to shed assets. That amounts to about a 20% reduction. So could this be seen as fraud?

[Trixie007]

It depends on if you sold it to a friend or family member... if you sold it to a stranger, and that's what the market brought you for the vehicle, then you're fine. Especially right now when cars are dropping sharply in value due to the economy!

[kst7488]

nothing could ever make me feel bad about shorting credit card companies. they ****ed me over and i ****ed them right back.

to an extent i do blame them but i know i ****ed up and towards the end i stopped caring. i relized i would have to file and went on a few shopping sprees while reading up on bk law. 120 days later i filed.

my ass, they can kiss it.

[pcn]

(a) too many motor vehicles

What's too many? The two atty's Ive talked to didn't mention that we should be concerned, but I wondered that same question since we have 3 vehicles. I have a truck ('02 F250), my wife has an SUV ('00 Explorer) and I have an '94 Mustang "project" with no drive-train (still registered to keep insurance).. Should I be concerned?

[OhioFiler]

What's too many? The two atty's Ive talked to didn't mention that we should be concerned, but I wondered that same question since we have 3 vehicles. I have a truck ('02 F250), my wife has an SUV ('00 Explorer) and I have an '94 Mustang "project" with no drive-train (still registered to keep insurance).. Should I be concerned?

Depends on the equity in each vehicle and the amount of exemeptions you qualify for. I doubt you have anything to worry about.

[CatsInTrouble]

lol @Niblets.