Under such circumstances, generally, you need to consult with a criminal attorney immediately who has knowledge of federal criminal law. He would probably insist you do not discuss your case any further over the internet, but I am not giving you any advice other than to see a criminal lawyer.

Answer Applies to: New Jersey
Replied: 12/13/2011

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Lying on your bankruptcy petition or hiding assets is a serious crime. You sign your documents and answer questions of the trustee under penalty of perjury so it is very important that you tell the truth. If you filed bankruptcy through an attorney contact them they should be able to direct you. If you filed on your own, get yourself to a good bankruptcy attorney, preferably one litigation experience. This is a serious issue, but without knowing exactly what was misstated or omitted I can't tell you what to do, except that you need a good attorney to try to defend you or minimize the damage.

Answer Applies to: California
Replied: 12/12/2011

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If you have committed bankruptcy fraud you should amend your papers to be true and correct. Also, hire a criminal defense attorney.

Answer Applies to: California
Replied: 12/9/2011

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You should go see a knowledgeable criminal attorney in your area. Bankruptcy fraud is a serious federal crime that can land you in prison. There is never a good reason to put false information on a federal form particularly one you are signing under penalty of perjury.

Answer Applies to: California
Replied: 12/9/2011

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You can be convicted of bankruptcy fraud or perjury, lose your discharge and/or lose any property that you may be concealing from the court.

Answer Applies to: Michigan
Replied: 12/9/2011

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Indeed, as you may have learned by now, the most important rule in bankruptcy proceedings is to be honest. If you have a good attorney, most things that make people believe that they need to lie in their bankruptcy papers can be addressed honestly with the proper planning and strategy. If the entity telling you that you will be sent to jail is from the Office of the United States Trustee Program, which monitors bankruptcy proceedings, you should consult a qualified criminal attorney as soon as possible before you say another word.

Answer Applies to: California
Replied: 12/9/2011

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Generally, for minor infractions, nothing happens as long as you fix it fast. The next level would result in an action being brought to deny your bankruptcy discharge. The worst offenders are referred to the U.S. Attorney's office for possible prosecution. The penalties can be a fine of up to $50,000 and up to 5 years in jail.

Answer Applies to: Texas
Replied: 12/9/2011

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Bankruptcy fraud is a Federal crime and constitutes a felony, which could result in prison time. The best thing to do is to hire a bankruptcy attorney and see if the issue can be immediately resolved.

Answer Applies to: Colorado
Replied: 12/9/2011

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You should amend the false statements and turn over any assets you may not have disclosed. If you do not tell the truth in the 341 meeting or on the signed petition you open yourself up to federal perjury charges and a significant jail sentence. You need an attorney.

Answer Applies to: Colorado
Replied: 12/9/2011

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The first question is why did you file with false information? Was it an oversight or were you trying to hide assets? Have you corrected the mistake? The short answer is, yes, you can go to jail for committing bankruptcy fraud. The good news is that it is very rare that people are actually charged with bankruptcy fraud. Your best option is to talk to your attorney or the bankruptcy trustee if you don't have an attorney and make a complete disclosure of everything that was incorrect and explain why you gave false information in the first place unless you really were trying to hide assets. In that case you need to talk to a criminal defense attorney with experience in defending bankruptcy fraud cases immediately.

Answer Applies to: Utah
Replied: 12/9/2011

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If your case has not been closed, all you have to do is amend the bankruptcy petition to reflect the proper information. It is extremely unlikely that they will pursue criminal charges unless what you did was really bad. If so, you may want to seek attorney to help you before this gets worse.

Answer Applies to: New York
Replied: 12/9/2011

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You should file an amendment to the false information provided. Most courts will just not grant you a discharge for false information. It would depend on the circumstances, but it would be best to fix this information right away and best to hire an attorney to assist you with it.

Answer Applies to: Florida
Replied: 12/9/2011

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Unfortunately the documents you signed tell you in several places that if you commit fraud, perjury, hide assets, etc, you are subject a fine, imprisonment or both. I would make sure I have the best attorney I can find to hopefully mitigate the jai l time and perhaps change it to a fine. It depends on where in the process you are.

Answer Applies to: Michigan
Replied: 12/9/2011

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It is a federal offense to file a bankruptcy petition with false information. If you have not gone to the 341 meeting, and do not appear, your case will be dismissed. You might go to the Clerk's office and request that your case be dismissed, if you filed without an attorney. You may ask the Clerk's office or your attorney what you must do to have your case dismissed if you have already attended the 341 meeting.

Answer Applies to: Florida
Replied: 12/9/2011

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You need to retain a good attorney. Bankruptcy fraud can be investigated by the FBI and can result in federal prison.

Answer Applies to: Colorado
Replied: 12/9/2011

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If you made a false statement in a bankruptcy petition, consider correcting it right away. Bad intent is a key to a finding of bankruptcy fraud. Correcting a false statement might alleviate your false statement. You may end up losing your discharge which is lot better outcome than going to jail. If you have been told you are going to jail, it may behoove you to seek criminal counsel.

Answer Applies to: Illinois
Replied: 12/9/2011

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Bankruptcy fraud is investigated by the FBI. Prison is a potential outcome of such actions. If you filed using false information, discuss your options with your lawyer, or consult an experienced bankruptcy lawyer in your area.

Answer Applies to: Illinois
Replied: 12/9/2011

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You need to have a bankruptcy lawyer represent you and tell you if criminal charges are likely to be filed. If criminal charges are likely to be filed then you need to have a consultation with a criminal law attorney immediately.

Answer Applies to: California
Replied: 12/8/2011

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You should be very worried. You needed a good lawyer in bankruptcy and now you need a good criminal lawyer now. The maximum sentence for bankruptcy fraud is five years in prison and a $250,000 fine. It is a very serious crime and you may have ruined your entire life.

Answer Applies to: Georgia
Replied: 12/8/2011

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