Serial Filers

The debtor, typically an individual, files numerous cases to take advantage of the automatic stay to prevent eviction, foreclosure and collection on other debts. The petitions usually contain false social security numbers, variations of the debtor’s name or fictitious names. Chapter 7 and Chapter 13 cases are filed interchangeable.

Red Flags/Common Characteristics

· Debtor has filed a high number of cases in a short period of time
· Debtor does not disclose prior bankruptcy cases
· Debtor uses different counsel to file each case
· Chapter 13 cases never completed because of failure to fund-plan
· Debtor had been prohibited from filing a case pursuant to 11 U.S.C. Section 109(g)

Civil Responses To Consider

· Objection to discharge
· Motion pursuant to 11 U.S.C. Section 707(a) and 349 to dismiss for bad faith and to deny debtor’s discharge

Criminal Responses To Consider

Bankruptcy Fraud, 18 U.S.C. Section 152: Concealment of assets and false oaths and statements in bankruptcy petition, schedules and statement of financial affairs.
Bankruptcy Fraud, 18 U.S.C. Section 157: Movement or concealment of assets Pre-petition and post-petition. False statements or oaths.
Use of False Social Security Number, 42 U.S.C. Section 408: If used to obtain creditor in bankruptcy filing.

Next: Bankruptcy Fraud Warning Signs

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

You May Also Like

Mortgage and Real Estate Fraud Examples 2013 Second IRS

Table of Contents Hide This is Examples оf Mortgage аnd Real Estate Fraud…

Various Online Payment Options and Tips to Avoid Fraud in It

With businesses spreading wide across the globe, several people are encouraged to…

2023 Work-From-Home Scams: Types, Prevention, And Reporting

Table of Contents Hide Work-From-Home Scams Summary:How To Prevent Work-From-Home ScamsWhat to…

Check Fraud: How It Work?

Table of Contents Hide What is Check FraudCheck KitingEmbezzlementFacing Fraud ChargesHow Can…