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Statute of Limitations for Federal Bankruptcy Fraud

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    Debtor

    • A bankruptcy debtor may be guilty of committing federal bankruptcy fraud if he bribes or extorts in connection with his bankruptcy case; makes false oaths or accounts in relation to his bankruptcy case; transfers or conceals assets in contemplation of filing a bankruptcy case.

    Third Party

    • A third party may be guilty of committing federal bankruptcy fraud if she makes false claims against the estate of the bankruptcy debtor; fraudulently receives assets from the bankruptcy debtor; or conceals or destroys documents relating to the assets or affairs of the bankruptcy debtor.

    Statute of Limitations

    • Federal bankruptcy fraud carries a five-year statute of limitations. The statute of limitations begins to toll on the date the bankruptcy court discharges the bankruptcy case. If the bankruptcy court denies a discharge, the statute of limitations begins to toll on the date of the denial of the discharge.

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