Tuesday, May 25, 2010

Fraud - bankruptcy - small claims court?

California Los Angeles County
leased house to man - easy to demonstrate fraud on his lease app
smashed up house
had him evicted
i believe he is about to go ito bankruptcy
if i demonstrate the fraud at small claims court and judge accepts it, does this shield my judgment from bankruptcy?
Answers:
Yes, obligations for restitution in crimes (and taxes) cannot be dismissed in bankruptcy.
as a rule, bankruptcy judges don't set aside judgements.
no, sorry but even if you get a judgement before he files for it, it doesnt matter...All his non secured debt will be dismissed meaning all debt other than mortgage payments, ect. also if you file a lawsuit and he files before it goes to court then all legal matters against him are automatically stopped and halted.

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