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Protecting Your Case with the Help of an Expert Bankruptcy Attorney and Understanding the Statute of Limitations for Bankruptcy in Redwood Falls, MN

November 16th, 2018 · No Comments

Bankruptcy in the U.S. is a nuanced system for individuals and businesses alike. Like other legal processes, it’s best to proceed with a trained professional who can protect and counsel you from start to finish. Because filing for bankruptcy in Redwood Falls, MN, is rarely a straightforward process, taking advantage of the knowledge and professional standing of a bankruptcy attorney is key to a successful case. Behm Law Group, Ltd. bankruptcy attorneys are dedicated to providing expert counsel to our community households and local businesses.

 

If you’re struggling with overwhelming debt, filing for bankruptcy may be a viable way to recover for long-term financial stability. Filing for bankruptcy without a bankruptcy attorney, however, is not something we recommend. Not only is bankruptcy a difficult process to tackle without professional training and a working knowledge of the U.S. legal system overall, but without the protection of a lawyer, you’ll be vulnerable to aggressive creditor judgments and other potential claims against your case. Additionally, you may set yourself up for accusations of bankruptcy fraud, intentional or not, without the counsel of a bankruptcy attorney.

 

Even if you’re not criminally charged with bankruptcy fraud, the consequences of a case dismissed based on fraudulent behavior can be hard to come back from if you ever find yourself in the position to file again. This is because of the strict rules set in place through the federal bankruptcy fraud statute of limitations. A bankruptcy attorney can help you navigate this.

 

The statute of limitations is based on evidence of bankruptcy fraud and dictates when an individual or business can file a petition after a case dismissal or charge against them for fraudulent behavior. A limitation period is set into place for each filer’s own situation and the fraud committed, and that period determines a time period during which the government may press criminal charges.

 

This time period is dictated depending on certain circumstances unique to each case. Primarily, the limitation period depends on the type of crime committed in a case:

 

  1. If a filer commits a crime as a single event, like falsifying a document or lying under oath, the limitation period begins on the date of the crime.
  2. If a filer commits a crime in multiple events, such as a crime that takes several actions to complete, the limitation period begins when the last action is performed.
  3. If a filer commits a continuing crime, like hiding an asset or account, the limitation period starts with the beginning of the crime and continues until the property is revealed.

 

In bankruptcy cases, crimes generally include asset hiding – which provides a limitation period starting when the court grants a discharge, dismisses the case, or denies the discharge – or all other types of bankruptcy crimes – which provide a limitation period of five years.

 Protect Your Case With a Bankruptcy Attorney

If you’re considering filing for bankruptcy in Redwood Falls, MN, protect yourself from accidental fraud and get the help you need to file a strong, successful case. Get started with a bankruptcy attorney from Behm Law Group, Ltd. today and contact us at (507) 387-7200.

 

Tags: Bankruptcy · Bankruptcy Attorneys · Bankruptcy Code · Minnesota Bankruptcy ·


 

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