Bankruptcy Fraud Lawyers in Miami
Accused of Bankruptcy Fraud? Get Experienced Legal Defense.
Being accused of bankruptcy fraud is a serious matter. Under 18 U.S.C. § 157, this federal offense involves intentionally deceiving the bankruptcy court by submitting false information, omitting required disclosures, or engaging in fraudulent schemes related to bankruptcy filings. Common forms of this crime include hiding assets, making false statements, and filing for bankruptcy multiple times in different jurisdictions to mislead creditors or manipulate outcomes.
These allegations don’t come out of nowhere. A bankruptcy fraud investigation usually starts quietly, triggered by a routine audit, a suspicious trustee, or even a whistleblower report. Before charges are filed, the government may build a case, gather documents, review financial records, and look for inconsistencies. If you’re under investigation or think you’re being watched, it’s important to act quickly, not later.
Bankruptcy crimes are prosecuted in federal court, where procedures are complicated and penalties can be severe. A conviction might result in prison, heavy fines, and a permanent federal criminal record. That’s why you need a defense team that understands bankruptcy law and how federal prosecutors think.
At Hager & Schwartz, P.A., our Miami bankruptcy fraud attorneys bring decades of criminal defense experience, including time as former state prosecutors. This gives us an edge: we can anticipate the government’s strategies and craft legal defenses that target weaknesses in the prosecution’s case. Whether you're facing formal charges or just beginning an investigation, we respond quickly to protect your rights, freedom, and reputation.
We don’t use a one-size-fits-all approach to defending bankruptcy crimes. Instead, we create tailored strategies for each client, based on thorough investigation, legal insights, and a commitment to fair outcomes.
If you're facing bankruptcy fraud allegations, contact us for a free, confidential consultation with a seasoned defense attorney who understands the road ahead and how to fight for you.
Types of Bankruptcy Fraud Cases We Handle
Bankruptcy aims to give individuals and businesses a fresh start, but when it is misused or misunderstood, it can lead to serious criminal charges. We defend clients accused of a wide range of bankruptcy-related crimes, from simple mistakes that attract federal scrutiny to intentional actions the government considers fraud. No matter how your case started, we know how stressful it can be to face allegations related to finances, honesty, and federal law.
Types of bankruptcy fraud we defend against include the following:
- Concealment of assets: Attempting to hide cash, property, or other valuables during bankruptcy proceedings to avoid having them liquidated and used to pay creditors.
- Fraudulent bankruptcy filing: Providing false information, omitting assets or income, or submitting misleading documents when filing for bankruptcy protection.
- Multiple filings across jurisdictions: Filing for bankruptcy in more than one location or under different names to manipulate the system, delay proceedings, or exploit procedural loopholes.
- Chapter 7 bankruptcy fraud: Abusing the Chapter 7 process through misrepresentations, such as undervaluing assets or failing to meet eligibility requirements while attempting to discharge debt.
- Bribery or collusion: Offering or accepting bribes during bankruptcy, falsifying documents, or conspiring with trustees, creditors, or others to influence the outcome of a case.
Regardless of the conduct you’re alleged to have engaged in, our team brings the knowledge, insight, and strategic defense needed to help you move forward.
Federal Bankruptcy Fraud Charges Are Serious—So Is Your Defense
Facing federal bankruptcy fraud charges is a life-changing legal crisis. The penalties for a conviction can be severe: those found guilty may face up to five years in federal prison, large fines, court-ordered restitution, and a permanent criminal record that can affect future job prospects, housing, and credit. Because these are federal crimes, the government has substantial resources to build a strong case against you.
Investigations often start when the U.S. Trustee Program, which oversees bankruptcy cases, notices signs of fraud. If they suspect misconduct, such as intentional omissions, hidden assets, or misleading statements, they might refer your case to the U.S. Attorney’s Office and the FBI.
From that point, a formal bankruptcy fraud investigation begins. These investigations rarely move quickly. Federal agents may interview witnesses, subpoena financial records, examine transactions, and sometimes use undercover operations or surveillance to gather evidence.
By the time you realize you're under investigation, the government may already have assembled a strong case. That’s why obtaining pre-indictment legal advice is one of the most crucial decisions. Talking to investigators or trustees without legal representation can worsen your situation. Even honest mistakes or miscommunications can be seen as intentional fraud by federal prosecutors.
As former state prosecutors, we understand investigative tactics, prosecutorial strategies, and how to counter them. Our role is to get involved early, protect your rights, and develop a proactive defense plan tailored to the specifics of your case.
How Our Defense Attorneys Fight Bankruptcy Fraud Allegations
When you're facing a bankruptcy fraud investigation, the prosecution often arrives armed with detailed financial records, sworn statements, and federal resources. But at Hager & Schwartz, P.A., we don’t let that intimidate us because we know how these cases are built, and more importantly, how to take them apart.
As former prosecutors, our attorneys bring a unique advantage to your defense. We’ve sat on the other side of the courtroom. We understand federal investigators’ tactics and the pressure they apply during questioning, document reviews, and pre-indictment procedures. That experience allows us to anticipate the government’s next move and take proactive steps to protect your future.
From the start, your case receives a custom-fit legal strategy, not a generic defense. We thoroughly review your bankruptcy case’s facts, financial records, and procedural history. Then, we search for weaknesses, whether overreaching assumptions, a lack of clear intent, or errors made by bankruptcy trustees or investigators.
Some of the most effective strategies our bankruptcy fraud defense lawyers use include:
- Challenging the element of intent: Demonstrating that any alleged inaccuracies were unintentional, the result of confusion, or based on flawed legal advice, not criminal intent.
- Disproving knowledge or willfulness: Showing that you did not knowingly withhold information or act with the purpose of deceiving the court or creditors.
- Highlighting trustee misconduct or procedural errors: Exposing situations where investigators, trustees, or bankruptcy officials acted improperly or violated your rights.
- Negotiating pre-charge resolutions: In some cases, we can resolve the matter before formal charges are filed, potentially avoiding prosecution altogether.
Bankruptcy fraud cases fall under white collar criminal defense, which requires precision, discretion, and profound legal insight. We deliver all three, backed by over 50 years of combined experience in criminal law and a deep commitment to protecting the people we represent.
Get a Bankruptcy Fraud Attorney on Your Side Immediately
If you’re under investigation or have been accused of bankruptcy fraud, time is not on your side. These cases often start quietly, with document requests, interviews, or inquiries from bankruptcy trustees, and quickly escalate into full-scale federal investigations. By the time authorities contact you, they may already be building a case. That’s why securing experienced legal representation is essential.
At Hager & Schwartz, P.A., we recognize how overwhelming and isolating this experience can be. You might worry about your finances, freedom, and future. But you don’t have to face this alone. Our team of experienced Miami bankruptcy fraud attorneys is prepared to help, explain your rights, and start building a defense strategy tailored to your situation.
We approach every case with urgency, compassion, and the knowledge gained from decades of experience on both sides of the courtroom. As former prosecutors, we know how to anticipate the government's moves and how to counter them. When you contact us, we’ll take immediate action to protect you, challenge the evidence, and fight for a favorable outcome.
Facing a bankruptcy fraud investigation or charges in Miami? Our experienced white collar defense lawyers are ready to protect your future. Contact us for a free consultation.
