Maine Bankruptcy Fraud, Transfer of Property in Personal Capacity or as Agent or Officer, 18 U.S.C. Sec. 152(7)

State:
Maine
Control #:
ME-FEDDC-JURY-4-18-152-7
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Word
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Official Pattern Jury Instructions for Criminal Cases in Federal District Court of Maine. All converted to Word format. Please see the official site for addional information. http://www.med.uscourts.gov/pattern-jury-instructions

Maine Bankruptcy Fraud, Transfer of Property in Personal Capacity or as Agent or Officer, 18 U.S.C. Sec. 152(7) is a federal statute that prohibits a person from knowingly and fraudulently transferring or concealing property of the estate of a debtor with the intent to hinder, delay, or defraud any creditor of the estate. It applies to individuals who act in their own capacity, as an agent or officer of another person, or as a fiduciary of the estate. This statute also applies to any act done by or against any estate, or any property of the estate, in contemplation of a bankruptcy proceeding. The types of Maine Bankruptcy Fraud, Transfer of Property in Personal Capacity or as Agent or Officer, 18 U.S.C. Sec. 152(7) include: 1. Fraudulent Transfer or Concealment: This involves knowingly and fraudulently transferring or concealing property with the intent to hinder, delay, or defraud any creditor of the estate. 2. Acting as a Fiduciary: This involves acting as a fiduciary of the estate, or as an agent or officer of another person, with respect to any property of the estate. 3. Pre-Bankruptcy Planning: This involves any act done by or against any estate, or any property of the estate, in contemplation of a bankruptcy proceeding.

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FAQ

18 U.S.C. § 152 "attempts to cover all the possible methods by which a bankrupt or any other person may attempt to defeat the Bankruptcy Act through an effort to keep assets from being equitably distributed among creditors." Stegeman v.

§ 152(4) Subsection (4) of Section 152 sets out the offense of filing a false bankruptcy claim. A "claim" is a document filed in a bankruptcy proceeding by a creditor of the debtor.

The crime of bankruptcy fraud is embodied in Title 18 U.S. Code § 157. This federal law prohibits anyone from knowingly filing a bankruptcy petition or related document with the intent to defraud creditors or the court.

§ 157 prohibits devising or intending to devise a scheme or artifice to defraud and, for purposes of executing or concealing the scheme either (1) filing a bankruptcy petition; (2) filing a document in a bankruptcy proceeding; or (3) making a false statement, claim, or promise (a) in relationship to a bankruptcy

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Maine Bankruptcy Fraud, Transfer of Property in Personal Capacity or as Agent or Officer, 18 U.S.C. Sec. 152(7)