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My coworker is filing for bankruptcy... I saw her count out…

Customer Question
My coworker is filing...

My coworker is filing for bankruptcy... I saw her count out $1440 in cash today. She stated to me that you have to have a minimum amount of money in your account to file, She always has cash on hand. Is she committing fraud?

Lawyer's Assistant: The Fraud Examiner will know what to do. Is there anything else the Fraud Examiner should be aware of?

I am afraid of truing her in.in case she might have grounds for a counter-suit

Submitted: 8 months ago.Category: Bankruptcy Law
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Answered in 23 minutes by:
10/3/2017
Bankruptcy Lawyer: RobertJDFL, Attorney replied 8 months ago
RobertJDFL
RobertJDFL, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15,023
Experience: Experienced in multiple areas of the law.
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Good evening,

If you could prove that she was intentionally concealing assets/income or purposely filing false or incomplete forms, that would be bankruptcy fraud, which is punishable with up to 5 years in prison, a fine up to $250,000, or both. The problem here is you don't really know where that money came from. Maybe she was holding it for someone. Maybe she borrowed it from a family member or friend to pay a debt. You don't know all of the facts and circumstances, and accusing her of a crime without being absolutely sure could be considered defamation of character, and grounds for a civil lawsuit.

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Bankruptcy Lawyer: RobertJDFL, Attorney replied 8 months ago

Based on just these facts alone in other words, I Would not suggest you automatically assume that she is guilty of a crime. I simply don't know enough to say for certain she is committing a crime, and I think it is incredibly risky of you to do so as well.

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Customer reply replied 8 months ago
She told me she’s aware that you cannot claim bankruptcy with money in your bank account and we got paid on the first. She was counting out twenties, as if she had gone to an ATM. Wouldn’t there be proof of that?
Bankruptcy Lawyer: RobertJDFL, Attorney replied 8 months ago

There likely would be proof she got paid, certainly, but it doesn't that she intentionally concealed money. The money could have been used to pay rent, food, or other expenses, for example -and thus already spent. Nothing says a person cannot work and be paid while filing for bankruptcy.

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Bankruptcy Lawyer: RobertJDFL, Attorney replied 8 months ago
If you require any additional information or clarification, please REPLY WITHOUT RATING and I'm happy to help you further. Otherwise, kindly remember to click on the stars at the top of the page to leave me a positive rating as experts are only compensated for our time and efforts once you do so. Thank you.
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