J. Dinkins G. Grange is an attorney in Northeast Florida, helping his clients find solutions to their financial problems, which in some cases includes bankruptcy in some cases. This Blog contains general bankruptcy relevant information. His practice includes representing clients in various areas of civil litigation including Fair Debt Collection Practices Act, Chapter 7 and Chapter 13 bankruptcies, foreclosure defense and probate.
Monday, November 19, 2012
Can I Go To Jail For Filing Bankruptcy?
bankruptcy and go to jail? I know what you are thinking, “You
kidding, right?”. Whenever you ask someone about this, you hear there is no way you could end up in jail; after all, there is no Debtor's Prison in the United States.
Well, the simple filing of the bankruptcy is not
what can put one in jail, however, the circumstances surrounding the
filing could. For example, if you make a false statement on the
papers filed with the court which are signed under penalty of perjury
(which is almost everything that is filed), one of the penalties for
doing so in bankruptcy is not only having the case dismissed, but
referred to the U.S. Attorney for prosecution. That's right, this
becomes a criminal offense.
you are probably thinking this never happens. If it did, then you would have heard about it, right?
Well, think again.
The following is a short article of a high profile case involving
prosecutors in Los Angeles are asking that former All-Star outfielder
Lenny Dykstra serve a 2½-year prison sentence for pleading guilty to
bankruptcy fraud and money laundering.
said in court documents filed Thursday that a 30-month sentence is
appropriate for Dykstra because he has acted as if he was above the
law for years.
could face 20 years in prison after pleading guilty in July to
charges that he hid and sold sports memorabilia and other items which
were supposed to be part of his bankruptcy filing.
is currently serving a three-year prison sentence after pleading no
contest to grand theft auto and providing a false financial