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Fraud may not be the correct legal term, but legal problems from: The main ways being that you lied about assets, didn't include all liabilities, lied or even didn't reveal all of everything....and of course, made preferental payments to creditors within the last 2 years or more, in anticipation of BK.
What else can I help you with?
Is pre-petiton lawsuit alleging fraud dischargeable in bankruptcy?
The allegation of fraud in a complaint in a lawsuit does not prevent the discharge of the underlying claim. The creditor would have to object to discharge in the bankruptcy court on the grounds of fraud and prove to the court's satisfaction that there was fraud of the kind that bars discharge
How do you prove that you are not bankrupt?
If one files for bankruptcy in the United States, you do not have to prove that you are, and you do not have to be insolvent. Therefore, you are bankruptcy in a legal sense if you filed for bankruptcy. If you want to prove that you are NOT bankrupt all you have to show is that you have not filed for bankruptcy. If you meant insolvent, rather than bankruptcy, to prove that you are not insolvent you would have to show that your income exceeded your debts.
Can you report someone committing fraud in regards to bankruptcy?
No. This is clearly stated in the bankruptcy rules.
Can you file bankruptcy on a fraud judgment?
If there is a judgment AGAINST you for fraud, then NO, such a judgment WILL NOT be discharged.
Can a debt collector continue to call after you file bankruptcy?
No, not as long as they were included in the bankruptcy. You should give their information to your bankruptcy attorney, who will contact the debt collector. If that doesn't work, your attorney will certainly know what to do next.
When a person convey their rights to a property can they sue for the property later on?
No. Not unless they can prove fraud, legal incapacity or duress in a lawsuit, and win.No. Not unless they can prove fraud, legal incapacity or duress in a lawsuit, and win.No. Not unless they can prove fraud, legal incapacity or duress in a lawsuit, and win.No. Not unless they can prove fraud, legal incapacity or duress in a lawsuit, and win.
If i didn't list a creditor on your bankruptcy can they still collect there debt?
If it was an unsecured debt, and you did not intend to omit it for some reason that would constitute fraud, it was discharged. If a debt collector is trying to collect it, see a bankruptcy lawyer or a lawyer who handles debt collection defense. You can file for contempt in the bankruptcy court. You may also have rights under state consumer protection laws.
Can you file bankruptcy against a social security overpayment debt?
It depends. Any overpayments or funds received by fraud from any state or federal agency cannot be discharged in a Chapter 7 bankruptcy, or in a Chapter 13 bankruptcy filed on or after October 17, 2005. If the overpayment was not the result of fraud, it will be discharged. See the case of Lee v. Schweiker, 739 F.2d 870, 874 (3d Cir. 1984). SSA or any other government agency must prove, in the bankruptcy court, that the overpayment was the result of fraud. If fraud is proved, the overpayments will not be discharged in bankruptcy, and SSA can recover the overpayment from any future benefits. Please be advised that the SSA has the option of filing a civil suit if the amount is large enough, and can file federal criminal charges if the benefits were obtained fraudulently.
Can a debt be discharged in a no asset chapter 7 if it was incurred a few weeks before the filing?
For the most part yes. The only problem you could run into is if the creditor involved believes that you intentionally incurred the debt with the intention of then filing bankruptcy. If they can prove this the debt is determined to be bankruptcy fraud and nondischageable.
What is the statute of limitations to file a motion to reinstate stay for bankruptcy in Ohio?
For most cases of fraud it is 4 years from the time that the crime is discovered. In some instances, (parallel entity fraud, concealment of assets, etc.) the fraud might be considered a continuing offense, and thus there may be no statute of limitations (especially in cases of corporate bankruptcy). The federal statute of limitations in most cases of bankruptcy fraud is 5 years from either the discharge or denial of the bankruptcy proceedings.
How can a Senior citizen take his gift deed back?
He would need to prove fraud or undue influence or that he was legally incompetent at the time of the deed. He would need to prove that in a lawsuit.He would need to prove fraud or undue influence or that he was legally incompetent at the time of the deed. He would need to prove that in a lawsuit.He would need to prove fraud or undue influence or that he was legally incompetent at the time of the deed. He would need to prove that in a lawsuit.He would need to prove fraud or undue influence or that he was legally incompetent at the time of the deed. He would need to prove that in a lawsuit.
What is required to prove fraud as opposed to negligence?
Intent.
