Can I file charges against someone who has included me as a creditor on her chapter 7 bankruptcy? 26 Answers as of July 10, 2013

Can I file a criminal warrant against someone who has included me as a creditor on her chapter 7 bankruptcy?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Dan Shay Law
Dan Shay Law | Daniel Shay
No, unless there is some sort of theft. Breach of contract and BK are civil matters.
Answer Applies to: California
Replied: 7/14/2011
Lakelaw - Loop Bankruptcy
Lakelaw - Loop Bankruptcy | David Leibowitz
No.
Answer Applies to: Illinois
Replied: 6/10/2013
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
No you cannot file criminal charges for that.
Answer Applies to: Washington
Replied: 7/4/2013
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Criminal charges are not stayed by a bankruptcy.
Answer Applies to: California
Replied: 7/4/2013
Law Office of Maureen O' Malley
Law Office of Maureen O' Malley | Maureen O'Malley
Does she owe you money? Did she steal it? Bankruptcy is a protection against creditors, so you're probably out of luck.
Answer Applies to: Virginia
Replied: 7/4/2013
    Law Office of Dennis Jay Sargent Jr, PLLC
    Law Office of Dennis Jay Sargent Jr, PLLC | Dennis J Sargent Jr.
    Why would you want to? If the information is correct that what basis would you have to file criminal charges against that person. You being listed as creditor is only to protect the debtor from future collection actions by you.
    Answer Applies to: North Carolina
    Replied: 7/8/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    No, there is no such recourse.
    Answer Applies to: Indiana
    Replied: 7/4/2013
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    It depends. Is what she did a violation of criminal law? It would very unusual for someone, absent them committing really serious fraud or perjury, to end up in jail for merely including someone on their bankruptcy list. You can object if you don't think your debt is dischargeable, but generally all that means is that if the judge agrees with, that she still has to pay you even though she filed bankruptcy. I would definitely advise seeing a lawyer who does bankruptcy representing creditors and see what is the best action for you to take.
    Answer Applies to: Michigan
    Replied: 7/8/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    If they have committed a crime, the District Attorney can file criminal charges against them. I'm not sure what your question is. If you're asking whether listing you as a creditor is a crime, the answer is no.
    Answer Applies to: California
    Replied: 7/8/2011
    Law Offices of Michael J. Berger
    Law Offices of Michael J. Berger | Michael J. Berger
    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."
    Answer Applies to: California
    Replied: 7/8/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    No. It has to be a crime. It is not.
    Answer Applies to: California
    Replied: 7/10/2013
    Law Office of J. Scott Logan, LLC
    Law Office of J. Scott Logan, LLC | John Scott Logan
    Criminal warrants are issued by the state. Do you have authority to file a criminal warrant? You can press charges for a crime if an actual crime has occurred. However, you should be careful. Efforts to collect a debt violate the automatic stay and can result in significant monetary liability.
    Answer Applies to: Maine
    Replied: 7/8/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    In general, if you have probable cause to believe a crime has been committed, you can report the crime even if you are a creditor in the Defendant's bankruptcy case. You may want to discuss the specific details with an attorney before you proceed.
    Answer Applies to: Colorado
    Replied: 7/8/2011
    Tucker Legal Clinic
    Tucker Legal Clinic | Samuel 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.
    Answer Applies to: Mississippi
    Replied: 7/8/2011
    Law Office of Eric Ridley
    Law Office of Eric Ridley | Eric Ridley
    Criminal charges are only filed by the State, through a County or District Attorney's office. If you have some reason to believe that the debt is not dischargeable, you may file an adversary proceeding through the bankruptcy court. This is complicated, and I most strongly suggest that you hire an attorney to do this for you.
    Answer Applies to: California
    Replied: 7/8/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    No. Debtors are required by law to list ALL of their debts.
    Answer Applies to: California
    Replied: 7/4/2013
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    Only the State can file criminal charges against anyone.
    Answer Applies to: Arizona
    Replied: 7/4/2013
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    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.
    Answer Applies to: California
    Replied: 7/8/2011
    Law Office of Harry L Styron
    Law Office of Harry L Styron | Harry L Styron
    I am not sure I understand your question. First, if a person owes you money and files bankruptcy they must list you as a creditor, or they are in jeopardy for lying on the bankruptcy petition. Second, any document filed in a court of law is absolutely privileged, meaning that you cannot sue a person or take any other action against them regardless of what they have said in the document.
    Answer Applies to: California
    Replied: 7/8/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Either go to the police for charges and see if they're interested or file an adversary in the bankruptcy court under 523.
    Answer Applies to: California
    Replied: 7/4/2013
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    First, you don't file a criminal warrant, you'd refer the case to the U.S. Department of Justice who may or may not investigate. However, and this is important - you better have some evidence of criminal wrong doing - the simple fact that he owes you money he didn't pay you is not enough, as he has a DUTY to list you and every other debt he has. So before you go off half-cocked, make sure you have something here, or you could find yourself in a nasty position.
    Answer Applies to: California
    Replied: 7/8/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    What crime did they commit by listing you as a creditor?
    Answer Applies to: California
    Replied: 7/4/2013
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    No. Bankruptcy is a legal thing to do.
    Answer Applies to: California
    Replied: 7/4/2013
    Ashman Law Office
    Ashman Law Office | 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.
    Answer Applies to: Georgia
    Replied: 7/7/2011
    Law Office of Nanina Takla
    Law Office of Nanina Takla | Nanina Takla
    If this person owes money to you, then she is required to list all her creditors in her bankruptcy, including you.
    Answer Applies to: Oregon
    Replied: 7/4/2013
Click to View More Answers:
12 3 4 5 Free Legal QuestionsConnect with a local attorney