• 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.

PLAINTIFF FILING EMBEZZELED MONEY AS NON-EMPLOYEE COMPENSATION WITH IRS AND F.T.B.

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

lbezphil

Guest
I WAS ARRESTED AND CHARGED WITH EMBEZZELEMENT IN 1991. IN APRIL OF 1991, I RECEIVED A 1099 MISC. FROM THE PLAINTIFF, STATING THAT THE MONEY WAS NON-EMPLOYEE COMPENSATION. THIS WAS AFTER THE COURT ORDERED ME TO PAY RESTITUTION TO THE PLAINTIFF. I DID SOME TIME, AND WHEN I GOT OUT, I STARTED MY PAYMENTS. IN THE MEANTIME THE IRS WANTED TO GARNISH MY WAGES FOR THE BACK TAXES, SO I FILED BANKRUPTCY (CHPT. 13) WHEN I HAD MY HEARING, THE PLAINTIFFS ATTNY'S STATED THAT THE MONEY I EMBEZZELED COULD NOT BE INCLUDED BECAUSE OF THE COURT ORDER. 3 MONTHS LATER THEY FILED ON IT. WHAT DO I DO? THE JUDGE IN MY CRIMINAL CASE KEEPS EXTENDING MY PROBATION SO HE CAN ENFORCE THE PAYMENTS, BUT IN THE MEANTIME MY BANKRUPTCY IS UP IN 6 MONTHS AND I HAVE ANOTHER 20 YEARS TO PAY ON THE RESTITUTION. WHEN MY BANKRUPTCY IS UP, IS THE COURT ORDER NULL AND VOID? OR CAN THE JUDGE KEEP EXTENDING MY PROBATION UNTIL 2020?
 


J

juanitag

Guest
Look at this website's home page -- find the section on bankruptcy and go to the subsection doealing with consumer bankruptcy -- specifically the sections on dischargeable and non-dischargeable debts. (Hint: Embezzlement is a non-dischargeable debt.) As to whether or not the judge can keep extending your probation, I'm not sure; talk to the attorney who represented you in your initial criminal trial.
 

Find the Right Lawyer for Your Legal Issue!

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