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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 19127
Experience:  B.A.; M.B.A.; J.D.
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Can a bankruptcy dismisal be turned into a criminal case if

Customer Question

Can a bankruptcy dismisal be turned into a criminal case if the charge is concealment of assets is brought against the filer even if it was within the time frame of being amendable.
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 8 years ago.

Can a bankruptcy dismisal be turned into a criminal case if the charge is concealment of assets is brought against the filer even if it was within the time frame of being amendable.

 


Response: Yes, it can because your concealment of assets will fall under bankruptcy fraud. See 18 U.S.C. § 157 . Proof of fraud requires showing that the defendant knowingly and fraudulently made a misrepresentation of material fact—concealment of assets in your case. Bankruptcy fraud carries a sentence of up to five years in prison, or a fine of up to $250,000, or both. See 18 U.S.C. § 152.

Customer: replied 8 years ago.
that didn't exactly answer my question. can it be amended and how much time did i have after initial filing? can someone answer this simple question do you have time to amend after intial filing and how much time do you have?