QUESTION
Can I file charges against someone who has included me as a creditor on her chapter 7 bankruptcy?
Asked on Jul 01st, 2011 on Bankruptcy - Georgia
More details to this question:
Can I file a criminal warrant against someone who has included me as a creditor on her chapter 7 bankruptcy?
11 ANSWERS
Bankruptcy Attorney serving Herndon, VA
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Maureen O'Malley
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Does she owe you money? Did she steal it? Bankruptcy is a protection against creditors, so you're probably out of luck.
Answered on Jul 04th, 2013 at 1:53 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Criminal charges are not stayed by a bankruptcy.
Answered on Jul 04th, 2013 at 1:53 AM
No, there is no such recourse.
Answered on Jul 04th, 2013 at 1:46 AM
Spencer Hale
Only the State can file criminal charges against anyone.
Answered on Jul 04th, 2013 at 12:47 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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What crime did they commit by listing you as a creditor?
Answered on Jul 04th, 2013 at 12:45 AM
If this person owes money to you, then she is required to list all her creditors in her bankruptcy, including you.
Answered on Jul 04th, 2013 at 12:41 AM
Bankruptcy Decision Attorney serving San Diego, CA
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Law Office of Daniel G. Shay
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No, unless there is some sort of theft. Breach of contract and BK are civil matters.
Answered on Jul 14th, 2011 at 12:41 PM
The automatic stay created by a bankruptcy filing does not stop the filing of criminal charges by governmental authorities. You are free to complain to the appropriate governmental authorities, but you do not have the legal authority to "file a criminal warrant."
Answered on Jul 08th, 2011 at 1:42 PM
Samuel Lee Tucker
A bankruptcy does not shield a debtor from criminal charges. Certain liabilities that arise from criminal activity may be non-dischargeable. But it is no crime to include a regular debt in a bankruptcy.
Answered on Jul 08th, 2011 at 1:09 PM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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No..... why would you care? That person may think he/she owes you money and may be mistaken about it. If you have some concerns you may contact the Chapter 7 trustee but it is not a criminal matter.
Answered on Jul 08th, 2011 at 10:28 AM
Glen Edward Ashman
Generally no, unless you want to end up in contempt of court and writing big checks to them. Without detailed facts as to why you want a warrant and whether it is related to debt collection, a full answer is impossible, and since you are listed as a creditor, you have to get a lawyer. Do not do anything without one.
Answered on Jul 07th, 2011 at 4:25 PM