Though bankruptcy and bankruptcy fraud could be considered inherently related topics, the two positions of legal representation for each is different. Bankruptcy law may focus on bankruptcy proceedings, while bankruptcy fraud focuses on an illegal act stemming from bankruptcy. Knowing the difference could be imperative for your case, as the role of a Maryland federal bankruptcy fraud attorney is specific to the offense. Since bankruptcy fraud could carry a penalty of up to five years in prison, it may be important to seek guidance. By contacting a skilled federal bankruptcy fraud attorney today you could learn more about how one could help defend your case.
Difference Between A Bankruptcy and a Bankruptcy Fraud Attorney
The bankruptcy proceedings are civil in nature and involve the distribution of financial assets and other property, which could be very complicated. They could involve several different components such as:
- Documents
- Assets
- Physical Property
- Real Estate
- Vehicles
- Creditors with claims on property
In bankruptcy, all those assets are combined in an estate, which is a separate legal entity from the individual. That estate could be managed through the court process and the process may determine which creditors and in what order get which portions of the estate. It could be an involved complicated process regulated by a host of specific laws and regulations.
A bankruptcy lawyer could assist with all those various details and complications that come with bankruptcy proceedings. Both lawyers, bankruptcy and bankruptcy fraud, may be familiar with the laws and rules of the bankruptcy process.
Role of a Bankruptcy Fraud Attorney
A bankruptcy fraud lawyer could be considered a criminal defense attorney as fraud is an illegal offense. If a person is charged with bankruptcy, it is alleged that he or she has done something unlawful during the bankruptcy process. It could be false representation during the bankruptcy proceedings, such as misrepresenting what assets a person has or does not have.
It could be falsely implying or representing that a person is in bankruptcy to avoid financial consequences. There are different types of bankruptcy fraud, but the role of a Maryland federal bankruptcy fraud attorney could be to defend a person against those allegations.
Lawyer’s Role as Both a Maryland Bankruptcy and Bankruptcy Fraud Attorney
A bankruptcy lawyer could also be a bankruptcy fraud lawyer. There is nothing inherently illegal or unethical to prevent a person’s bankruptcy lawyer from being his or her bankruptcy fraud defense lawyer. It may not be advisable for an individual’s bankruptcy lawyer to also represent the individual who subsequently faces bankruptcy fraud charges.
The allegations may directly implicate the bankruptcy lawyer and have an effect on their case. Aside from the actual or potential conflicts that may exist, a bankruptcy lawyer and a bankruptcy fraud lawyer could be masters of different skills, as they work in different settings.
The role of a Maryland federal bankruptcy fraud attorney is representing the defendant in an adversarial legal process in which the government is trying to impose penalties. Contact a cunning attorney today for a free consultation.
