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Dischargeable in Ch7?
PC wired funds to husband and two relatives who all were named in the civil suit as defendants(none were criminally prosecuted)...does anyone think the H and relatives can prevail in an Adv case in their Ch 7 cases?
>
> No an adversary is virtually certain to be filed and embezzlement is
> nondischargeable pursuant to 523(a)(4).
>
>
>
> andrewcho67
> Sent: Thursday, November 29, 2012 2:57 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Dischargeable in Ch7?
>
>
>
>
>
> Can Ch7 help this PC & is an Adv Proc likely? PC got sued by prior employer
> (a bank) in litigation with the following causes of action:
>
> 1. Conversion
> 2. Civil Theft (Cal Penal Code 496c)
> 3. Conspiracy
> 4. Unjust Enrichment
>
> PC pleaded guilty in a related criminal case and will be paying full
> restitution in payments over time. there are no facts, circumstances or
> allegations of fraud or misrepresentation. The plaintiff bank is pursuing
> the civil case for treble damages which is prompting the BK feasibility
> inquiry. Thanks!
>
> Andrew S. Cho
> Law Offices of Andrew S. Cho
> 505 N. Euclid Street, Suite 600
> Anaheim, CA 92801
>
The post was migrated from Yahoo.
I would expect a 523 Adv Proc from the prior employer bank using the
embezzlement exception to the discharge.
Desiree Causey, Esq.
Law Office of Desiree Causey
17011 Beach Blvd., Suite 900
Huntington Beach, CA 92647
714-375-6663
714-908-7646 (fax)
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The post was migrated from Yahoo.
Can Ch7 help this PC & is an Adv Proc likely? PC got sued by prior employer (a bank) in litigation with the following causes of action:
1. Conversion
2. Civil Theft (Cal Penal Code 496c)
3. Conspiracy
4. Unjust Enrichment
PC pleaded guilty in a related criminal case and will be paying full restitution in payments over time. there are no facts, circumstances or allegations of fraud or misrepresentation. The plaintiff bank is pursuing the civil case for treble damages which is prompting the BK feasibility inquiry. Thanks!
Andrew S. Cho
Law Offices of Andrew S. Cho
505 N. Euclid Street, Suite 600
Anaheim, CA 92801
The post was migrated from Yahoo.