Bankruptcy and Victims of Fraud

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    I Was Defrauded and Now I’m Filing Bankruptcy

    What Should I Expect?

    If you were scammed, defrauded, manipulated, or pressured into debt, and bankruptcy now feels like the only way out, you are not alone — and you are not a failure.

    Bankruptcy courts see this situation every day:

    • Romance scams

    • Contractor fraud

    • Investment scams

    • Identity theft

    • Family or partner financial abuse

    • High-pressure sales schemes

    • Forged or coerced loans

    This page explains what bankruptcy looks like after fraud, what trustees focus on, what risks exist, and how to protect yourself.


    First — This Is Not Your Fault

    Being defrauded does not mean:

    • You were careless

    • You acted in bad faith

    • You don’t deserve relief

    Fraud victims file bankruptcy frequently. The system is designed to give honest people a way out — even when the debt came from someone else’s wrongdoing.


    How Fraud-Related Debt Is Treated in Bankruptcy

    The Good News

    In most cases:
    ✔ Credit card debt caused by fraud is dischargeable
    ✔ Loans taken because of fraud are dischargeable
    ✔ Personal liability for scam-related debt can be wiped out

    Bankruptcy focuses on your intent, not the scammer’s actions.


    What Trustees Will Look At (And What They Won’t)

    Trustees DO Look At:

    • Whether you personally benefited from the money

    • Whether assets still exist

    • Whether transfers were made to others

    • Whether everything was disclosed

    Trustees Do NOT Usually Care About:

    • Whether you were “naive”

    • Whether the scam was obvious in hindsight

    • Whether you tried to fix it afterward

    Honesty matters far more than the story itself.


    Common Fraud Scenarios — And What to Expect

    🔹 Romance or Relationship Scams

    Very common. Trustees usually focus on:

    • Where the money went

    • Whether you still have assets

    • Disclosure of transfers

    The fact that the money is gone is not a crime.


    🔹 Contractor or Home Improvement Fraud

    Often involves:

    • Loans taken for work never done

    • Equity or credit used under pressure

    The debt is usually dischargeable.
    Documentation helps, but perfection is not required.


    🔹 Investment or Crypto Scams

    Trustees may ask:

    • How much was invested

    • When it was lost

    • Whether you still control any funds

    Loss alone is not misconduct.


    🔹 Financial Abuse by a Spouse, Partner, or Family Member

    This includes:

    • Coerced loans

    • Forged signatures

    • Pressure to take on debt

    Bankruptcy courts recognize financial abuse — especially when documented.


    Will the Trustee Accuse Me of Fraud?

    Usually, no — unless:

    🚩 You hid assets
    🚩 You lied about transfers
    🚩 You moved money after deciding to file
    🚩 You continued sending money secretly

    Being defrauded ≠ committing fraud.

    The biggest risk is non-disclosure, not the fraud itself.


    Do I Need to Report the Fraud?

    You are not required to:

    • File a police report

    • Sue the scammer

    • Recover the money

    However:

    • Prior reports help credibility

    • Documentation is useful

    • But lack of recovery does not hurt your case

    Many scammers are untraceable. Courts understand this.


    Can I Still Sue the Scammer After Bankruptcy?

    Sometimes, yes — but with limits.

    • Lawsuit claims become part of the bankruptcy estate

    • Trustees may control or share recovery

    • Some claims can be exempted

    This requires case-specific analysis.


    Chapter 7 vs Chapter 13 After Fraud

    Chapter 7

    • Most common after fraud

    • Eliminates debt quickly

    • Focus is on honesty and disclosure

    Chapter 13

    • Used if income/assets require it

    • Fraud-related debt is still usually dischargeable

    • Plan payments are based on ability, not blame

    Fraud does not force you into Chapter 13.


    What You MUST Do to Protect Yourself

    ✔ Disclose all transfers — even painful ones
    ✔ Explain the fraud clearly to your attorney
    ✔ Provide documents you have (texts, emails, bank records)
    ✔ Do not hide embarrassment
    ✔ Do not try to “fix” anything yourself

    Silence hurts cases. Transparency saves them.


    What You Should NOT Do

    ❌ Do not repay scam-related debt selectively
    ❌ Do not transfer assets to “undo” the fraud
    ❌ Do not lie out of shame
    ❌ Do not assume “they’ll think I’m stupid”

    Trustees see this constantly.


    Emotional Reality (Important)

    Fraud-related bankruptcy often comes with:

    • Shame

    • Anger

    • Grief

    • Loss of trust

    These reactions are normal. Bankruptcy is not a moral judgment — it’s a legal reset.


    The Bottom Line

    ✔ Being defrauded does not disqualify you from bankruptcy
    ✔ Fraud-related debt is usually dischargeable
    ✔ Trustees care about honesty, not embarrassment
    ✔ You can get a fresh start

    Bankruptcy is often the cleanest way to stop the damage when fraud has already happened.


    Talk to a Bankruptcy Attorney Who Understands Fraud Cases

    Fraud-related bankruptcies require compassion + precision.

    Ginsburg Law Group helps clients who:

    • Were scammed or defrauded

    • Took on debt under pressure or manipulation

    • Are overwhelmed and ashamed

    • Need a fresh start without judgment

    👉 Contact us today for a confidential consultation. You do not have to explain everything perfectly — just honestly.


    Romance Scams and Bankruptcy: What Victims Need to Know

    If you were targeted in a romance scam and now face overwhelming debt, you are not alone — and you are not stupid, reckless, or irresponsible. Romance scams are one of the most common reasons people end up filing bankruptcy today.

    Bankruptcy courts see these cases regularly.


    How Romance Scams Lead to Bankruptcy

    Romance scams often involve:

    • Gradual emotional manipulation

    • Requests for “temporary help”

    • Pressure to take out loans or use credit cards

    • Repeated transfers to the scammer

    • Isolation and secrecy encouraged by the scammer

    By the time the fraud is uncovered, the money is usually gone.


    Is Romance-Scam Debt Dischargeable?

    👉 Yes, in most cases.

    Debt caused by a romance scam is usually:
    ✔ Unsecured
    ✔ Not based on your wrongdoing
    ✔ Dischargeable in bankruptcy

    Bankruptcy focuses on your intent, not the scammer’s deception.


    What Trustees Will Look At

    Trustees typically want to know:

    • Where the money went

    • Whether any assets remain

    • Whether transfers were disclosed

    They generally do not accuse victims of fraud simply for being scammed.


    Do I Need a Police Report?

    No — a police report is not required.

    However, if you have:

    • FTC reports

    • Police reports

    • Bank fraud documentation

    Those can be helpful, but lack of documentation does not bar relief.


    Emotional Reality (Important)

    Romance-scam bankruptcies often involve:

    • Shame

    • Grief

    • Anger

    • Loss of trust

    These emotions are common — and courts do not punish people for being human.


    Bottom Line

    ✔ Romance-scam debt is usually dischargeable
    ✔ Trustees care about honesty, not embarrassment
    ✔ Bankruptcy is often the cleanest reset


    Talk to a Bankruptcy Attorney Without Fear of Judgment

    Ginsburg Law Group regularly helps romance-scam victims:

    • Eliminate scam-related debt

    • Handle trustee questions safely

    • Move forward with dignity

    👉 Contact us for a confidential consultation. You will be treated with respect.


    Identity Theft and Bankruptcy: Do I Need to File?

    Identity theft creates confusion because some identity-theft debts aren’t really yours — but they still ruin your life.

    This page explains when bankruptcy helps — and when it isn’t necessary.


    When Identity Theft Alone May NOT Require Bankruptcy

    You may not need bankruptcy if:

    • The debts were truly unauthorized

    • Creditors acknowledge the fraud

    • Accounts are being removed

    • No additional financial fallout exists

    In those cases, fraud disputes may be enough.


    When Bankruptcy Is Appropriate After Identity Theft

    Bankruptcy may be appropriate if:

    • Fraudulent debts were mixed with real debts

    • You were pressured into “fixing” accounts

    • Your credit collapsed anyway

    • Lawsuits or garnishments started

    • Stress and uncertainty became unmanageable

    Bankruptcy resolves everything at once.


    Trustees and Identity Theft

    Trustees typically:

    • Accept identity-theft explanations

    • Focus on disclosure, not blame

    • Do not require perfection in documentation

    Identity theft ≠ bankruptcy fraud.


    What You Should Disclose

    ✔ All disputed debts
    ✔ Fraud reports if available
    ✔ Ongoing disputes
    ✔ Any payments made under pressure

    Transparency is key.


    Bottom Line

    ✔ Identity theft does not disqualify you from bankruptcy
    ✔ Bankruptcy can stop the chaos even if fraud disputes are ongoing
    ✔ Relief is about your financial reality — not fault


    Talk to an Attorney Before Deciding

    Ginsburg Law Group helps clients determine whether bankruptcy or fraud remediation — or both — is the best path.

    👉 Contact us if identity theft has spiraled into financial crisis.


    Financial Abuse and Bankruptcy: A Way Out

    Financial abuse is real — and bankruptcy law recognizes it.

    Financial abuse can include:

    • Being forced to take out loans

    • Being pressured to co-sign or borrow

    • Having money controlled or monitored

    • Being isolated from financial information

    • Having debt run up in your name

    This happens in marriages, relationships, and families.


    Bankruptcy Does NOT Blame Abuse Victims

    Bankruptcy courts:

    • Do not punish victims

    • Do not require confrontation

    • Do not require proof beyond disclosure

    What matters is your current financial situation, not how you got there.


    Is Abuse-Related Debt Dischargeable?

    👉 Usually yes.

    Debt incurred through:
    ✔ Coercion
    ✔ Pressure
    ✔ Emotional manipulation
    ✔ Control

    Is typically dischargeable unless tied to specific exceptions (rare).


    Special Considerations

    • Safety planning may be important

    • Address changes can be protected

    • Communication can be handled through counsel

    Your attorney can help protect privacy.


    Bottom Line

    ✔ Financial abuse is recognized
    ✔ Bankruptcy can provide a clean break
    ✔ You are not required to stay trapped


    Talk to a Bankruptcy Attorney Who Understands Abuse Dynamics

    Ginsburg Law Group helps clients:

    • Escape financially abusive situations

    • File discreetly and safely

    • Rebuild independence

    👉 Contact us for a confidential consultation.


    Fraud-to-Bankruptcy Decision Chart

    Was I Defrauded — and Is Bankruptcy the Right Step?

    Use this as a general guide, not legal advice.


    Step 1: Did You Lose Money or Take on Debt Because of Deception or Pressure?

    ⬇️ Yes → Step 2
    ⬇️ No → Bankruptcy analysis still applies


    Step 2: Is the Money Gone or Irrecoverable?

    ⬇️ Yes → Bankruptcy often appropriate
    ⬇️ No → Recovery options may exist


    Step 3: Are You Facing Collections, Lawsuits, or Garnishment?

    ⬇️ Yes → Bankruptcy strongly indicated
    ⬇️ No → Step 4


    Step 4: Can Fraud Disputes Alone Fix the Situation?

    ⬇️ Yes → Bankruptcy may not be needed
    ⬇️ No / Unsure → Bankruptcy may simplify everything


    Step 5: Emotional & Practical Reality Check

    ⬇️ Overwhelmed / exhausted / unsafe
    ✔ Bankruptcy can provide relief and stability


    Key Takeaway

    ✔ Fraud does not disqualify you from bankruptcy
    ✔ Shame should not delay relief
    ✔ Bankruptcy is a tool — not a judgment


    Final Reassurance

    People file bankruptcy after fraud because someone else broke the rules — not because they did.

    Bankruptcy exists to restore balance when life goes wrong.


    Talk to a Bankruptcy Attorney You Can Trust

    Fraud-related bankruptcies require care, discretion, and compassion.

    Ginsburg Law Group helps clients:

    • Recover from scams

    • End abuse-related debt

    • Stop collections

    • Start over without judgment

    👉 Contact us today for a confidential consultation

    BANKRUPTCY TEAM

    AMY GINSBURG – aginsburg@ginsburglawgroup.com

    GRACIE KLEIN – gklein@ginsburglawgroup.com

    NICOLE LOMBARDI – nlombardi@ginsburglawgroup.com