• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

embezzlement

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

L

lafaun

Guest
What is the name of your state? California
I was charged with 1 count of Grand Theft and am currently serving a term of 3 years. I am in a restitution program that allows be to stay at a center and work to pay back some of the money. I currently still own a home that I have a homestead on that is in foreclosure. My ex employer filed a civil suit against me for the money I took along with the check cashing place where I cashed the checks. Can these civil suits be included in a bankruptcy and then can I file a chapter 13 to try to keep my home, and rent it out. I have been told that if it is a civil suit it can be dismissed in a BK, even though it maybe because of the embezzlement. Can you please let me know what options, I have, please. I am currently working at The Mortgage Store in L.A. I really appreciate your help with this, thank you.
 


I AM ALWAYS LIABLE

Senior Member
lafaun said:
What is the name of your state? California
I was charged with 1 count of Grand Theft and am currently serving a term of 3 years. I am in a restitution program that allows be to stay at a center and work to pay back some of the money. I currently still own a home that I have a homestead on that is in foreclosure. My ex employer filed a civil suit against me for the money I took along with the check cashing place where I cashed the checks. Can these civil suits be included in a bankruptcy and then can I file a chapter 13 to try to keep my home, and rent it out. I have been told that if it is a civil suit it can be dismissed in a BK, even though it maybe because of the embezzlement. Can you please let me know what options, I have, please. I am currently working at The Mortgage Store in L.A. I really appreciate your help with this, thank you.

My response:

Embezzlement (or Theft as it is called in California) is a "purposeful act." As such, any lawsuit based upon the purposefulness of your acts, or a judgment, or portion of a judgment rendered against you due to the purposefulness of your act, is NOT dischargeable in Bankruptcy; e.g., "punitive damages" are not dischargeable.

IAAL
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top