September 3rd, 2008 by Questions
As a creditor, how do I go about proving that my client (the bankruptcy) misrepresented themselves or were fraudulent and that they contributed to their bankruptcy by living an extravagant lifestyle?
Posted from: Ontario
One Response to “Proving Fraud”
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September 04, 2008 at 7:22 am, A licensed trustee said:
You really need to speak to a lwyer regarding fraud – most trustee, like myself, are chartered accountants and therefore not qualified to provide legal advice.
I can tell you that it is often very difficult to prove fraud because an eliment of the proof requires devining the debtor’s intent – that’s not always easy to do.
If you feel the debtor acted improperly you have rights under bankruptcy law – you may want to speak to the trustee handling the case about your options (none of them are free – so you need to decide how much more you are willing to spend to pursue this person).