What is bankruptcy fraud?
"Bankruptcy fraud" is the disadvantaging of creditors by withdrawing goods and/or money from the (almost) bankrupt estate, preventing creditors from seizing the assets. This type of fraud is punishable and occurs in various forms, such as:
- Maintaining incorrect records or destroying/embezzling them.
- Failure to account for revenues or use of funds for private purposes.
- Removing assets from the estate before bankruptcy.
- Preferential treatment of certain creditors.
- Provoking bankruptcy to avoid debts.
- Improper management where a company deliberately goes bankrupt.
- Transfer of shares to a 'straw man' to mislead the trustee in bankruptcy.
- Establishing a company with the intention of not making payments and then declaring it bankrupt.
Bankruptcy fraud harms creditors and is a serious form of financial abuse that is dealt with by the justice system.
Version:
26/9/24