Can Bankruptcy Protect from Civil Litigation Judgment

[fburke]

What is the name of your state (only U.S. law)?


What is the name of your state Massachusetts


Long story short my looser ex wife pleaded guilty to over 30k of theft from a person over 65 by forged check. she was a licenced in home care taker working for an angency , she got 4 years probation ordered to pay back only $10,000 of it.

Judges’ statements to her, and entered into the docket was, “This restitution order does not prohibit the family from being able to pursue further restitution through civil action”

She says smugly that if they try she will just file bankruptcy…

Will this protect her? or will this not be allowed to be discharged like a credit card bill. She doesn’t own anything so there is nothing to put leans on.

Thanks!

 

[Who's Liable?]

What is the name of your state (only U.S. law)?


What is the name of your state Massachusetts


Long story short my looser ex wife pleaded guilty to over 30k of theft from a person over 65 by forged check. she was a licenced in home care taker working for an angency , she got 4 years probation ordered to pay back only $10,000 of it.

Judges’ statements to her, and entered into the docket was, “This restitution order does not prohibit the family from being able to pursue further restitution through civil action”

She says smugly that if they try she will just file bankruptcy…

Will this protect her? or will this not be allowed to be discharged like a credit card bill. She doesn’t own anything so there is nothing to put leans on.

Thanks!

She's in for a rude awakening...

 

[latigo]

Clearly it is impossible to predict what her victims might do with respect to seeking civil restitution. Or if they do so timely and how they might respond to her filing. So the only certain thing that can be said here is that:

Debts that are owed which have result from actual fraud committed by the bankrupt are not dischargeable under federal bankruptcy law. Title 11 United States Code Section 523(a)(2)(A)

 

[applecruncher]

As stated, she is definitely in for a surprise. Be glad she's your EX-wife.

Curious - why are you concerning yourself with her drama?