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Fraud
in Oklahoma
Chapter 7 Bankruptcy
What
is bankruptcy fraud?
There
are several types of bankruptcy fraud:
If you lie to purchase something that you did not intend to or did not
have the financial means to purchase, this is fraud. An example of
actual fraud is telling a creditor that you make more than you do in
order to secure a loan. Another example would be buying an expensive
ring with a credit card and then listing the credit card as an unsecured
debt on a bankruptcy to be discharged.
Buying Luxury Goods costing $500 or more within ninety (90) days of
filing your Chapter 7 bank is presumed to be fraudulent. You will have
the burden of showing that you were not committing fraud when you made
the purchase. If the purchase was made outside of that ninety (90) day
look-back period it won't be presumed to be fraudulent but it can,
nevertheless, be found to be fraudulent given the right circumstances.
It will be up to the judge to decide what is or is not fraud. Large cash
advances shortly before filing will be presumed fraudulent and will
require that the debtor prove that he/she had no intention of committing
fraud.
The bottom line is there are many ways to commit fraud. The key is to be
as straight-forward, accurate and thorough as you can be to avoid any
trouble later on.
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