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Nebraska’s recent adoption of the Uniform Voidable Transactions Act has significantly altered how prosecutors treat fraudulent property transfers and other actions that constitute bankruptcy. If you are facing criminal charges related to bankruptcy fraud in Omaha, you should contact a local white-collar crimes attorney as soon as possible.
Working with an experienced Omaha bankruptcy fraud lawyer is often essential to achieving a positive outcome in these cases. A skilled fraud defense attorney at Berry Law can walk you through every stage of your case and fight tirelessly to defend your rights.
What Does Bankruptcy Fraud Look Like?
Under Nebraska Revised Statutes §36-803, a person is considered “insolvent” if the total value of their debts exceeds the total value of their assets. Furthermore, they are presumed insolvent if they establish a general pattern of not paying debts on time even though the validity of those debts is not in dispute.
Accordingly, charges for bankruptcy fraud commonly arise from the suspicion that someone has hidden assets or refrained from paying debts to make themselves appear insolvent. Other forms of bankruptcy fraud include knowingly providing false information in a bankruptcy filing, bribing or attempting to bribe a court-appointed trustee, and filing for bankruptcy more than once at the same time in multiple states.
Prosecutors may allege that you gave property to a family member or sold it for way below its market value to stash money in offshore accounts. An Omaha attorney at our firm can bolster your defense strategy and refute the prosecution’s bankruptcy fraud allegations against you.
Fighting Bankruptcy Fraud Charges in Omaha
Like all other forms of fraud, bankruptcy fraud must be committed intentionally to warrant criminal charges. For example, a person can legally give a family member property at a discount rate and then declare bankruptcy without breaking any laws. However, if the person who declared bankruptcy then takes that property back from their family member, that would constitute fraudulent concealment of assets.
Because of this, defense strategies against accusations of bankruptcy fraud commonly entail proving that a defendant did not intentionally conceal assets or provide false information when filing for bankruptcy. Alternatively, it may be more advantageous in some cases to argue that the alleged criminal behavior did not occur at all. An experienced attorney can look at the specific details of your case and determine the best course of action moving forward.
An Omaha Bankruptcy Fraud Attorney Can Help
Declaring bankruptcy can be stressful enough without adding the prospect of criminal prosecution to your list of concerns. Unfortunately, certain transactions prior to filing for bankruptcy may alert the attention of both state and federal investigatory bodies. If they believe you concealed assets or avoided paying debts to make yourself appear insolvent, you should contact Berry Law’s legal team for assistance fighting your bankruptcy fraud charges.
An Omaha bankruptcy fraud lawyer from Berry Law can make all the difference in the outcome of your case. To learn more about what may be possible in your situation, schedule a confidential consultation with a Berry Law attorney today.