Bankruptcy Fraud Case

New Jersey Bankruptcy Fraud Defense Attorney

Bankruptcy is an opportunity to get a fresh start. A bankruptcy lawyer advises the client and explains what they can do with their assets. A bankruptcy lawyer closely works with the person who is filing. However, a false statement can expose you to bankruptcy fraud. A bankruptcy fraud attorney can help you in this case. Contact us now for your case!

Bankruptcy fraud is a unique kind of offense. Bankruptcy laws are very complex and a small mistake made when filing a bankruptcy petition is normally not a problem; a Trustee may overlook omissions and mistakes. However, making false statements in a bankruptcy filing is bankruptcy fraud. When you did not follow all the laws related to bankruptcy, then you can be accused of bankruptcy fraud. If you are facing this situation, then discuss your bankruptcy case with bankruptcy fraud defense lawyers. Talk to experts!

Few Common Types of Bankruptcy Fraud

  • Failure to report an asset
  • Failure to name a creditor
  • Concealment of assets
  • Destruction of assets

Bankruptcy courts handle these type of cases. However prosecutors can also bring criminal charges if the fraud is serious. The United States Trustees refer cases of suspected bankruptcy fraud to the United States Attorney. Also, United States Trustee offices act as resources to the United States Attorney. They investigate the bankruptcy fraud. Also they prepare the case for trial. So, If bankruptcy fraud is suspected, the case is referred to the United States Attorney’s Office for prosecution. This can result in a violation of one or more of federal statutes. Contact us today for free advise.

We have team of bankruptcy fraud defense lawyers who can handle your case. We can help you fight against government’s prosecution. Contact us today if you are facing this situation.

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When the United States Trustee’s office sends a referral to the United States Attorney’s office, what does the referral package consist of? In a typical case, the referral package consists of a letter addressed to the United States Attorney or the Fraud Coordinator which embodies a basic explanation of who the debtor is, the facts comprising the potential federal crime(s), why the conduct falls under one of the criminal bankruptcy provisions (18 U.S.C. §§ 151-57), and a summary as to why the facts justify investigation and prosecution. Sometimes, the referral package includes forensic evidence, such as writing samples. If your case has been referred to the United States Attorney’s Office this means that they are reviewing the case for possible criminal prosecution. The professionals in their staff include: lawyers, accountants, and analysts. These professionals examine bankruptcy documents and testimony to determine whether, among other things, the law is being followed by all parties. They also develop information concerning abuse of the bankruptcy laws (which would warrant civil proceedings) or fraudulent or criminal conduct.
If you are accused or being investigated for bankruptcy fraud, our experienced legal team of Bankruptcy Fraud Defense Attorneys in Trenton is ready to help. Call us ASAP to review your case with us. Bankruptcy fraud cases involving sections 152 and 157 of Title 18 delineate common bankruptcy crimes. Both sections require the government to prove intent. Under 11 U.S.C. § 152, the government must establish that the defendant acted “knowingly and fraudulently.” Similarly, the government must show specific intent to defraud under 18 U.S.C. § 157. Fraud can arise when you misrepresent the facts during the preparation of bankruptcy documents such as petition, schedules, and statements; all of which are submitted under penalty of perjury. Other scenarios where bankruptcy fraud occurs is during the meeting of creditors where the debtor, placed under oath, testifies regarding their financial situation.
The United States Trustees Office has a variety of methods to investigate debtors for possible fraud. They can examine the documents you submitted or even compel an oral examination. Debtor’s affairs are carefully investigated by trustees or creditors’ committees who have broad authority to conduct such investigations. Federal Bankruptcy Rule 2004 provides that the Bankruptcy Court may order the examination of any entity or person. With Rule 2004 examinations, and adversary proceedings, the USTs can help AUSAs by identifying conflicting and false statements made under oath. If a Rule 2004 examination is ordered by Court and debtors fail to appear or submit documents, sanctions will follow. If you or someone you know is the subjection of an investigation during a bankruptcy process, you must not take it lightly. For if fraud is found, you may face criminal charges. Riviere Advocacy Group LLC works with our own team of experts and investigators, to counter the government’s investigation, and build your best possible defense.
Criminal statutes that apply to bankruptcy fraud are 18 U.S.C. Section 152 that specifically prohibits knowingly and fraudulently (1) concealing property of the estate; (2) making a false oath or account; (3) making a false declaration, verification or statement under penalty of perjury; (4) presenting or using a false proof of claim against a debtor estate; (5) receiving, post-petition, a material amount of property from a debtor with intent to defeat the provisions of the Bankruptcy Code; (6) offering, receiving, or attempting to obtain consideration for acting or refraining from acting in a case under the Bankruptcy Code; (7) transferring or concealing property in contemplation of a bankruptcy case or with intent to defeat the provisions of the Bankruptcy Code; (8) post-petition concealment or alteration of records; and (9) post-petition withholding of a debtor’s records. The statute applies to anyone who commits any of the above including debtors, creditors, fiduciaries and anyone else. Section 153 of Title 18 makes it a crime for anyone to appropriate to their own use, embezzle, spend, or transfer any property belonging to a debtor’s estate, and any actions of the same ”persons” if they secret or destroy any document belonging to a debtor’s estate. Section 155 of title 18 prohibits knowing and fraudulent agreements that are aimed at fixing compensation in bankruptcy cases. Section 157 of Title 18 is actually entitled ”Bankruptcy Fraud” prohibits a person from (1) filing a bankruptcy petition; (2) filing a document in a bankruptcy case or proceeding; or (3) making a false or fraudulent representation, claim, or promise concerning or in relation to a prepetition or pending bankruptcy case or proceeding (or a proceeding falsely asserted to be pending) if these acts are done as part of the scheme to defraud. Other bankruptcy fraud criminal charges may include tampering with or falsifying records (18 U.S.C. Section 1519)
On or about the _____day of _____ , in the _______District of____________, JOHN DOE, defendant herein, did in this district and elsewhere knowingly and fraudulently conceal property belonging to ABC INC., Bankruptcy Case No. ______ , specifically two automobiles, ________, etc., from the trustee charged with control of the debtor’s property and from the creditors and the United States Trustee. All in violation of 18 U.S.C. §§ 152 and 2

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Kimberly Owens
Kimberly Owens
16:32 25 Apr 19
Paul Riviere did an outstanding job of representing me in my Tort Claim. Communication was excellent, my questions and concerns were answered and he was always ready to assist when needed. He really fought for me to get the settlement I needed and deserved. I highly recommend this attorney.
Don Crosby
Don Crosby
18:37 23 Apr 19
My family used Attorney Paul Riviere for some legal issues. Paul did a great job representing us. Whenever we called Paul, when we had questions, Paul always returned our calls with the answers. We were very satisfied with Mr. Riviere's work. We will definitely use Mr. Riviere again.
Joey Sylvester
Joey Sylvester
13:08 23 Apr 19
Paul is great! He helped me even after his paid duties were completed. Thank you Paul!
June Hosford
June Hosford
15:02 15 Apr 19
I hired Paul to represent my daughter in a partnership dispute. Although he was very good in the beginning negotiating a fair settlement, he has failed to help her in executing the terms of the contract. He has basically told us she can pursue payment due her in small claims court . He was paid a very hefty retainer which he has almost all exhausted. I feel like he has abandoned her without helping to enforce the settlement he helped navigate. She is still without payment due her which he never followed up on. Im sure he will expect more payment for that . I am disappointed in his lack of helping to enforce a vital part of this agreement .
Joy Valente
Joy Valente
00:47 05 Feb 17
I've been extremely taken aback by the acrimonious demeanor I've read, in the reviews, regarding The law firm of Riviere Cresci & Singer but specifically Mr, Paul Riviere. Esq. I first became acquainted with Mr. Riviere after I suffered an automobile accident. I had the pleasure of meeting with Mr. Riveire, along with other perspective attorney's, while looking for representation. After meeting with Mr. Reviere I knew instantly that he was the man I was going to hire. Mr. Riviere proved to be the right choice not only from his business acumen but his personal interest as well in my health and welfare. I would highly recommend this firm and Mr. Reviere if you are looking for an established firm with a history of excellent client-attorney interaction.
Mariel Valencia
Mariel Valencia
22:09 13 Jan 17
Jonathan Singer was simply the best atty. I will deff recommend his firm without a doubt.
Michelle Pizzimenti
Michelle Pizzimenti
00:50 25 Oct 16
I had the pleasure of working with Paul Riviere and Jonathan Singer over the past few months. Paul and Jonathan were both always very knowledgeable, professional and timely when communicating with me and when communicating directly with the courts. I would highly recommend Paul Riviere and Jonathan Singer to anyone seeking legal services. Thank you, again!!
Lauren Greenberg
Lauren Greenberg
14:48 20 Oct 16
Paul worked on a tax assessment case for my husband and I. Our town assessed our house and as a result our taxes were due to increase. Paul was excellent and time efficient. He fought our town to have the house re-assessed and as a result our taxes did not increase and we got are due for a refund from the township. Thanks so much for a job well done!
matthew o'bryan
matthew o'bryan
18:40 03 Oct 16
Paul worked on an expongment case for me that I thought would never go thru. Paul was very professional and really helped direct me to what I needed to do in order for him to get the job done. I can't thank him enough for his hard work. I recommend Paul to anyone for any case that they would need a lawyer for.
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