How will bankruptcy affect my case?

[KITT45]

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

Since this deals with both an individual and a business, I've posted this in both forums. I apologize if anyone is offended by that.

Just curious how bankruptcy will affect my case. I will do my best to explain what's going on without giving out too many details. In the original suit (for libel/slander), I am the Defendant and the Plaintiffs are an individual and this individual's business (although he identifies himself as the President in the original petition, and "an employee of the corporation" in response to my counterclaim). I filed a counterclaim (for fraud and violation of the Kansas Consumer Protection Act) against the same individual and business. I have also retained a separate attorney who has put this individual, the business, and the attorney representing the Plaintiffs on notice for a possible malicious prosecution claim. I have received word (purely speculation at this point) that the individual is attempting to open another business of the same nature but with a different name. To me, it sounds like he's planting the seeds to declare bankruptcy. Looking up this individual and business on the court's public records web site shows both have a substantial amount of judgments against them which have not been satisfied. If he declares bankruptcy (whether for himself, the business, or both), what will this do with the case considering he originally filed it? Also, can he declare bankruptcy for the business if he's "an employee of the corporation"? And, would he be able to discharge the debt should I win his suit, and he be found guilty of fraud?

 

[JustAPal00]

The president of a corporation is also an employee. He is considered an officer.

How do you put someone on notice? Does it involve stamping your feet and pointing your finger?

They can't prosecute you, only the prosecutor can.

There is nothing wrong with a person owning two or more corporations doing the same business.

Fraud is a criminal complaint. If he is charged BK will not save him.

 

[KITT45]

"The president of a corporation is also an employee. He is considered an officer." - Thanks.

"How do you put someone on notice? Does it involve stamping your feet and pointing your finger?" - How about keeping this on an adult level? When a settlement wasn't reached at mediation, I was told by the [mediating official] that putting the Plaintiffs and Plaintiffs' attorney on notice for a possible malicious prosecution (pending the outcome of the case) claim was necessary given the evidence which was produced (dating back to when the counterclaim was filed 7 months ago) and the Plaintiffs' attorney's decision to continue the case. The evidence is pretty much enough to clear me in the case against me and to prove the Plaintiffs' guilt in my counterclaim by itself. The notice was done by retaining an attorney who handles malicious prosecution claims against other attorneys and mailing a letter via certified mail. No foot stamping or finger pointing involved. Quite simple if you ask me.

"They can't prosecute you, only the prosecutor can." - ????????

"There is nothing wrong with a person owning two or more corporations doing the same business." - I never said there was.

"Fraud is a criminal complaint. If he is charged BK will not save him." - This is all I was asking. Thanks.

 

[KITT45]

Aside from asking about if he can discharge the debt (should he lose and be found guilty of fraud) with bankruptcy, what would happen to the case if he declares bankruptcy? I've read that suits against you could possibly be dropped due to bankruptcy, but the original suit was filed by him. Would he have to drop his own case in order to have the countersuit dropped? Would he even be able to have the counterclaim dropped since I'm countersuing him for fraud?

And, if it comes down to whether or not I'm willing to let him drop either suit, I will not be willing....unless, of course, if the court orders it.

 

[JustAPal00]

Maybe you don't understand. ONLY A PROSECUTOR CAN PROSECUTE. You are suing on a civil matter not a criminal matter. If a crime was committed a prosecutor will need to file charges. In your case there will be no guilt or innocense, only a judgement. If a prosecutor (or judge) decides the other party is pursuing a frivolous claim, they may decide to charge the other party with "malicious prosecution", but that won't be part of your suit.

Once again, FRAUD IS A CRIMINAL MATTER. That means a crime was committed. You do not sue to prove a crime was committed. A prosecutor will decide if he or she thinks a crime was committed. If they think one was, they will file charges. You can not file fraud charges!

If he is charged with fraud and found guilty, he will be facing legal punishment. He can't get out of that by filing BK. He may be ordered to pay restitution, but once again that won't be part of your suit.