Legal Question in Bankruptcy in Utah

Bankruptcy Fraud?

I was named as a creditor in a Chapter 7 bankruptcy for a corporation. My claim (filed in small claims court) is against the president of the corporation as an individual, not against the company. Is he committing bankruptcy fraud by trying to include his personal debts in the corporation's bankruptcy filing?


Asked on 7/18/02, 5:49 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Bankruptcy Fraud?

Sometimes small businesses, including corporations are included in personal bankruptcies. If the business is combined with personal, then your debt will be discharged (unless for fraud - which cannot be discharged if you get the fraud exception from the court.) If only a corporate bankruptcy then your debt is listed as a precaution. No fraud.

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Answered on 7/18/02, 11:28 pm


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