Fighting Bankruptcy Claims Fraud and Protecting Assets of Debtors
Recent recession has shown a spurt in bankruptcy suit filings.
It may have risen due to several factors in these circumstances.
Due to global financial crisis several American firms tried to cut cost by either closing down or reducing the number of staff.
Several individuals filed this as they saw medical bills exceeded their current income.
Some had no income at all after job loss.
However, good times are showing up.
There are signs of economic recovery in the USA and firms have again started recruiting.
The question may arise to a novice about the actual meaning of the term bankruptcy.
Legally it means to declare inability or impairment of a person or an organization to payback money to creditors.
Creditors may also file a petition called 'bankruptcy petition' to recover a portion of the loan amount.
This happens in case of involuntary filings.
There is no special parameter based on which you can always determine the right time and situation for filing.
There are certain conditions for which you can't escape payment even after filing.
These payments include:
There are fraudsters too who try to take the advantage.
This can be done by concealing assets.
This type of frauds is commonly associated with chapter -7 filings.
Apart from concealment there is false information provided to the Entity supervising the liquidation process.
This is another way of fraud.
These fraudsters, in an attempt to confuse creditors, etc, intentionally file multiple filings in different courts and in different states.
A fraud brings the important persons in his favor by bribing.
As a result the government was forced to pass Bankruptcy Abuse Prevention and Consumer Protection Act (2005).
The law limits easy approaching to the US bankruptcy courts.
The new bans include the following:
There are several aspects that need to be evaluated.
It may have risen due to several factors in these circumstances.
Due to global financial crisis several American firms tried to cut cost by either closing down or reducing the number of staff.
Several individuals filed this as they saw medical bills exceeded their current income.
Some had no income at all after job loss.
However, good times are showing up.
There are signs of economic recovery in the USA and firms have again started recruiting.
The question may arise to a novice about the actual meaning of the term bankruptcy.
Legally it means to declare inability or impairment of a person or an organization to payback money to creditors.
Creditors may also file a petition called 'bankruptcy petition' to recover a portion of the loan amount.
This happens in case of involuntary filings.
There is no special parameter based on which you can always determine the right time and situation for filing.
There are certain conditions for which you can't escape payment even after filing.
These payments include:
- Alimony
- Child support
- Most of the student loans
- Fraudulent debts
There are fraudsters too who try to take the advantage.
This can be done by concealing assets.
This type of frauds is commonly associated with chapter -7 filings.
Apart from concealment there is false information provided to the Entity supervising the liquidation process.
This is another way of fraud.
These fraudsters, in an attempt to confuse creditors, etc, intentionally file multiple filings in different courts and in different states.
A fraud brings the important persons in his favor by bribing.
As a result the government was forced to pass Bankruptcy Abuse Prevention and Consumer Protection Act (2005).
The law limits easy approaching to the US bankruptcy courts.
The new bans include the following:
- Restrictions on the use of chapter-7
- Promoting chapter-13 payments
- New presumptions against debtors
- Burial plots
- Crypts
- Health aids
- Health and disability benefits
- Life insurance or other types of contract proceeds
- 75% of disposable wages
- Average interest in real and personal property to the amount of $5000
There are several aspects that need to be evaluated.
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