Does bankruptcy cover civil theft lawsuits debt?

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I lost a civil theft case and I am unable to pay for it can I file for bankruptcy chapter 7?

Attorney Answers

6
Harley Herman ·
You will need to sit down with a bankruptcy attorney and bring in the judgment entered against you. There might be an issue of an intentional tort, but without seeing the documents, no attorney can provide you with an accurate response.
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Cecelia Pollara ·
I agree with Mr. Herman: without more details regarding your civil case, it's hard to say whether you would get thru Bankruptcy unscathed. If there were findings of fraud in the theft case AND that creditor files an Adversary in the bankruptcy, you would probably be no better off with regards to that particular debt. Only a bankruptcy attorney looking at all the facts can tell you your risk.
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Wade Pittman ·
It is probably dischargeable. Look at 11 USC 523 for a list of debts that are non-dischargable to see if your theft charge falls into anything listed under 523. If it matches any of the description listed in 523, (for example, theft by fraud) then it potentially non-dischargeable.
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tephen J GonzalezReal Estate AttorneyTucson, AZ ·
Debts for embezzlement, theft, conversion, fraud or misuse of funds by a fiduciary can not be discharged in a Chapter 7, 11 or 13 case. It is unlikely that you will avoid the debt with bankruptcy. You can try it, but it isn't a DIY project. Maybe the creditor won't assert its rights in the bankruptcy. Get a bankruptcy attorney.
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Richard Elie ·
Civil theft is in a class of judgments which are typically not dischargeable under 11 USC 523(a)(4) and (a)(6). You could file a Ch. 7 but there is a strong possibility the debt for civil theft will not be discharged. You may, however, discharge it in a Ch. 13. Click on "Find a Lawyer" above and locate a bankruptcy lawyer in your area and sit down for a consultation.
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Justin Michael LunaChapter 11 Bankruptcy AttorneyOrlando, FL ·
I concur with the assessments above. If you have a civil theft judgment based on Florida Statutes, then there is binding case law within Florida that states that such debt is non-dischargeable. However, you must take affirmative action by specific set deadlines to preserve your rights. Contact a bankruptcy attorney as soon as possible.
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