How bad is it to lie to a federal bankrupcy court? 21 Answers as of July 14, 2011
I know a person who lied about their income, place of residence and a couple of other things when they filed for chap. 13 bankruptcy. Am I in trouble for having this knowledge and not reporting it? Who do I report it to? Is this kind of thing (being deceptive to the bankruptcy court) common practice? Is this considered a bad crime? Please, Help.Free Case Evaluation by a Local Lawyer!
Enter Zipcode or for Immediate Assistance call (888) 428-7281
Have a general legal question? Click hereAsk a Local Attorney. 100% Anonymous. Free Answers.
Or for Immediate Assistance call (888) 428-7281
Free Case Evaluation by a Local Lawyer: Click hereDan Shay Law | Daniel Shay
Such offenses would be reported to the US Trustee in your district.
Answer Applies to: California
Replied: 7/14/2011
Law Office of Maureen O' Malley | Maureen O'Malley
It's serious to lie. If you know of a lie, you should report it to the trustee. It's not common practice to lie.
Answer Applies to: Virginia
Replied: 7/11/2011
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Lying in bankruptcy is a criminal action. The penalty can be five years in prison or a fine of $250,000 or both.
Answer Applies to: California
Replied: 7/11/2011
William C. Gosnell, Attorney at Law | William C. Gosnell
BANKRUPTCY FRAUD IS A FEDERAL FELONY AND CARRIES ONE YEAR IN FEDERAL PRISON. TELL THE PERSON TO HIRE A CRIMINAL DEFENSE LAWYER IMMEDIATELY. TELL THE PERSON TO HAVE HIS BANKRUPTCY ATTORNEY AMEND HIS PLEADINGS IMMEDIATELY TO GET EVERYTHING CORRECTED.
Answer Applies to: Tennessee
Replied: 7/11/2011
Law Office of Dennis Jay Sargent Jr, PLLC | Dennis J Sargent Jr.
You should report it to the bankruptcy trustee for that case. If you do not know the trustee contact the local bankruptcy court and explain the situation and they should be able to put you in touch with the right person. Bankruptcy fraud is a serious crime and can be punishable by fines and possibly jail time. This is not something that is common practice and should be reported. The Bankruptcy Court in the Eastern District of North Carolina has information on their website on how to report bankruptcy fraud. I would suspect that most district do also.
Answer Applies to: North Carolina
Replied: 7/11/2011
Parkes Law Group, LLC | Parkes Law Group, LLC
Yes, bankruptcy fraud is a perjury, it is criminal. You should report it to the United States Trustee Program, Department of Justice. And - NO, deceptive bankruptcy practices are NEVER common. It is very rare but has very serious consequences. You must never commit any fraud to the government. Never.
Answer Applies to: Colorado
Replied: 7/8/2011
Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
Providing false information to the bankruptcy court can result in sanctions, dismissal of the case and criminal prosecution. Unless you have some relationship to the case, such as being a part owner of a business that is in bankruptcy, I doubt you have any duty to report your suspicions.
Answer Applies to: Pennsylvania
Replied: 7/8/2011
Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
Yikes. To start, It is a federal crime to lie to a bankruptcy court. A handy link to the bankruptcy crime statutes is here: http://www.justice.gov/ust/eo/ust_org/ustp_manual/volume5/vol5ch08.htm. As you can see, the bankruptcy court takes this VERY seriously. Without knowing your individual situation, I can't tell you if you are in legal trouble. In regards to reporting it, be careful. If you do report it to the office of the trustee and if you are incorrect, the debtor may be able to sue you for defamation.
Answer Applies to: Oregon
Replied: 7/8/2011
Harkess and Salter, LLC | Stephen Harkess
Lying on bankruptcy paperwork or to the trustee is perjury. If you have knowledge of bankruptcy fraud, it should be reported to the U.S. Trustee who will investigate.
Answer Applies to: Colorado
Replied: 7/8/2011
Rosenberg & Press | Max L. Rosenberg
This is a serious crime and would cause the debtor considerable trouble. If you are asking if you have a duty to "rat out" your friend the debtor, so long as you are not helping the debtor to commit a crime or furthering in the perpetuation of a crime, I do not believe you have a duty to disclose any information. However, if you benefit from the crime you may have a problem. Thanks for tuning in!
Answer Applies to: Connecticut
Replied: 7/8/2011
Carballo Law Offices | Tony E. Carballo
Perjury (lying under oath) and bankruptcy fraud are serious felonies (serious crimes) that are punishable by fines and prison and can also disqualify the person from the bankruptcy discharge or the case could be dismissed. You have no legal obligation to report it if you are not personally involved but if you want to report it as a good citizen then you can address your letter to the Chapter 13 Trustee and/or the U.S. Trustee's office in the area where the case was filed. Fraud and perjury are not common but it happens occasionally. You should not report it unless you have some evidence you can present and not just speculation or a guess.
Answer Applies to: California
Replied: 7/7/2011
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Lying to any court is a very bad thing. You are not in trouble, as there is no requirement that you report it. If want to report it, look on the Internet for the Chapter 13 Trustee in your area. That is the person who would be the most interested.
Answer Applies to: California
Replied: 7/7/2011
Law Office of Harry L Styron | Harry L Styron
Fraud in the Bankruptcy court is a federal criminal offense, punishable by fine and/or imprisonment. If you have knowledge of such a fraud you should inform the Bankruptcy trustee appointed in the case. You can find out who the trustee is by calling the bankruptcy court clerk where the bankruptcy was filed.
Answer Applies to: California
Replied: 7/7/2011
Law Office of Asaph Abrams | Asaph Abrams
It's a felony; the bankruptcy petition states as follows: Penalty for making a false statement or concealing property: Fine of up to $500,000 or imprisonment for up to 5 years or both. 18 U.S.C. 152 and 3571.
Answer Applies to: California
Replied: 7/7/2011
Bird & VanDyke, Inc. | David VanDyke
Intentionally lying to the bankruptcy court is a federal crime. Punishment for this type of a crime can include fine and federal prison. If you didn't lie to the court you don't have anything to worry about.
Answer Applies to: California
Replied: 7/7/2011
Law Office of J. Thomas Black, P.C. | J. Thomas Black
Yes, it can be a very serious crime to lie to a bankruptcy court. A person can be prosecuted in federal court for concealing assets, false oaths and claims, and bribery (18 United States Code Sec. 152), bankruptcy fraud (18 USC 157), destruction, alternation, or falsification of documents (18 USC 1519), concealment of assets (18 USC 3284), and the list goes on. The FBI investigates bankruptcy crimes. Penalties include 5 yrs in jail, and $250,000 fines. No you are not in trouble for having this knowledge and not reporting it. If the lies were materially false, I urge you to report it the U.S. Trustee's Office, which can make a referral to the U.S. Attorney's office. I hope bankruptcy crime is not a common crime, but even if it is, I urge you to do the right thing and report it. That will help keep it less common.
Answer Applies to: Texas
Replied: 7/7/2011
Ashman Law Office | Glen Edward Ashman
Perjury in bankruptcy is serious and hopefully rare. The potential penalty is 5 years in jail and fines of $250,000, plus revocation of any discharge, and dismissal of the case. The person to report it to would be the Chapter 13 Trustee for that case, and, depending on how many things were false, one might also call the US Attorney in Atlanta. While we don't have all the facts, in some cases your concealment of a crime could be a crime.
Answer Applies to: Georgia
Replied: 7/7/2011
The Schreiber Law Firm | Jeffrey D. Schreiber
The bankruptcy papers and the testimony before the trustee is under oath. False statements under oath in a bankruptcy case is perjury. Perjury has a potential fine of $500,000 and/or 5 years in federal prison. There is no legal obligation to provide information unless you want to do so for your own reasons or sense of morality. Only if you are asked and do not then tell the truth would you be subject to criminal prosecution.
Answer Applies to: California
Replied: 7/7/2011
Tucker Legal Clinic | Samuel Tucker
Perjury is a federal felony. Very bad crime. Not reporting the perjury is a felony itself. Here is the federal law: Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.
Answer Applies to: Mississippi
Replied: 7/7/2011
Law Office of Eric Ridley | Eric Ridley
Lying to the Federal Court constitutes Perjury, which is a serious offense. Under most circumstances, as an outsider, you have no affirmative obligation to report it under the law. Morally and ethically, you have to live with your decisions, however.
Answer Applies to: California
Replied: 7/7/2011
















