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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 08-19-2003, 11:18 AM
Junior Member
 
Join Date: Mar 2003
Location: Oklahoma
Posts: 4

debt / bankruptcy questions?


What is the name of your state? FL

Are punitive charges ever dismissed in a bankruptcy?

If a court has awarded a bank punitive charges plus the amount owed, and the person is paying nothing, can that bank ever go back and have the person arrested for the original money withdrawn that wasn't there. Let me try explaining this another way..my girlfriends daughter tried to deposit a credit card check to her checking account (she knew it would bounce because she was over her limit). At the same time she withdrew that money from her checking account (I'm surprised they let her) to bail her boyfriend out of jail and clear his hot check felony charges. He is now clear, and they ran from all charges she made. The bank sued her but she never responded to anything and now the charges are several times what they were originally plus punitive damages. She says there is nothing anyone can do if she decides not to pay. She might file bankruptcy if she has to.

Is our legal system really that lenient that someone can have outstanding debts, and if the person says "nope, not going to pay", it's pretty much a "too bad for the creditor situation". They now enjoy a great life, renting a nice house, have tons of goods paid for by credit cards that she / they refuse to pay anything on, and they both have reasonable paying jobs. We have tried to tell her she needs to pay everyone back she owes. She says she doesn't have to.

If this is the way it is, more and more people will probably start acting just like this.
  #2  
Old 08-19-2003, 11:27 AM
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Join Date: May 2001
Posts: 6,450
Fraudulent transactions can't be discharged in bk. Look for the bank to protest those charges being included in bk.
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