Can I file charges against someone who has included me as a creditor on her chapter 7 bankruptcy? 14 Answers as of July 14, 2011

No, unless there is some sort of theft. Breach of contract and BK are civil matters.

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.

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.

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.

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."

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.

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.

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.

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.

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.