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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 29170
Experience:  Began practicing law in 1992
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Can I be sued if I report bankruptcy fraud. Being a former

Resolved Question:

Can I be sued if I report bankruptcy fraud. Being a former employee of that company that was terminated.
Also, it was personal bankruptcy not the company filing bankruptcy.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

No, there is no cause of action available for anyone to sue anyone else for reporting bankruptcy fraud so long as they are telling the truth.
Customer: replied 1 year ago.
What if I'm not sure it's fraud? Can I just present the evidence without worrying about being sued?

Basically the guy sold his company to his girlfriend so his ex wife can't get it. He is taking the old company contracts and commissions and moving them to the new one... All the while being a "partner" when the original owner is doing nothing. Also, I believe he is hiding assets... Such as a baby grand piano and other items. Also, before repossession of his truck he took it on a 1000+ mile journey. He told me that he was going to year it up before the bank gets it.
Is that fraud?
Expert:  Dwayne B. replied 1 year ago.
If you report it as fraud and it is not then you could potentially be sued for slander or libel.

Hiding assets and then not revealing them to the bankruptcy court would be fraud, taking the vehicle on a trip would not be.

You could also consider making an anonymous call to the bankruptcy trustee for the case and report the matter. You could find out the trustee by looking at the case file and then make a phone call from a pay phone or one of those disposable cell phones.
Customer: replied 1 year ago.
So I have to be sure?
If I report it anonymously am I safe from being sued.... Couldn't they connect the dots.
Couldn't I just report it, concerned I might be involved ...without legal ramifications?
Expert:  Dwayne B. replied 1 year ago.
If they found out it was you and it turned out to be false then you could possibly be sued for slander or libel.

Your question was "could I be sued?" and the answer is yes, it is possible you could be sued for slander. However, it isn't likely that you would be sued and they would win if you were reporting it and had a good faith belief that what you were reporting was correct.

There is another way to do it that would protect you, you could hire a lawyer to report it for you. The lawyer would not be allowed to reveal your identity based on attorney client privilege. I am not sure what an attorney in your area would cost but it would probably not be very expensive since there isn't much work involved.
Customer: replied 1 year ago.
That sounds good.
However, I did (in a fit of rage) allude to the fact I might do this.
If I hire an attorney, will I be ok... Meaning will I be safe from being sued?
And just because I hire an attorney, couldn't they put it together that it was me( being I'm was the only employee)... The info would be pretty specific to what I would only know
Expert:  Dwayne B. replied 1 year ago.
There is really no way they can prove you did it unless you admit it. Telling them you were going to probably wasn't the best move but it is too late to do anything about that now.

Also, the attorney is going to look at the specific info that you have and be able to address it in such a way that you should be protected. Even if they sue you they won't be able to win if you go through an attorney.
Customer: replied 1 year ago.
How much does that usually cost(ball park)?
How long do I have to report it?
Expert:  Dwayne B. replied 1 year ago.
I can't even give you an estimate on what the lawyer would charge because there are so many variables. If all it takes is reporting it then a few hundred dollars would probably cover it. Anything more than and I'm not sure what the cost would be.

You would have until the bankruptcy is completed but realistically the longer these go on the less likely they are going to do anything about it or believe what you (or your lawyer) tell them.

I'm about to sign off for the night. If you have more questions I will pick up and continue tomorrow. If you don't have any more questions then best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 29170
Experience: Began practicing law in 1992
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