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How does pending felony charges affect a bankruptcy?

Posted: Wed Feb 03, 2010 6:04 pm
by Yahoo Bot

I filed for a guy in jail once. The trustee did the 341(a) by interrogatory. No problem.
My fear is new Section 727(a)(12) which is convoluted to say the least.
The discharge can be denied if "there is pending any proceeding in which the debtor may be found guilty of a felony of the kind described in section 522(q)(1)(A) or liable for a debt of the kind described in section 522(q)(1)(B)."
522(q)(1)says the debtor can't exempt real property (basically) of more than $125,000 if (A) the debtor "has been convicted of a felony" which "demostrates that the filing of the case was an abuse of the provisions of this title." or (B)any [violation of securities laws] or "criminal act, intentional tort, or willful or reckless misconduct that caused serious physical injury.
There is a recent case that says "pending" works, i.e., filing before the conviction doesn't help the debtor.
Huh? The court has to hold a hearing ten days before the discharge is entered and obviously someone has to ask the judge to hold the hearing or it is too late.
JH
>
> I had a case with a client facing pending criminal charges re: one of his
> debts involving embezzlement fraud at a former employer. Employer never
> showed at the 341(a) but could have. Chapter 7 trustee was very curious as
> to the nature of the debt and the sizeable payments made back on it. Upon
> my coaching, Client invoked his 5th amendment right against
> self-incrimination numerous times, and I jumped in more than a few times
> with "asked and answered" and "assumes facts not in evidence" to a clearly
> flustered trustee. Hale
>
> -----Original Message-----
> Holly Roark
> Sent: Tuesday, February 02, 2010 4:38 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] How does pending felony charges affect a bankruptcy?
>
> If a person has 3 pending felony charges - (1) for possession of marijuana
> with intent to sell (over 2 pounds), (2) for possession of drug
> paraphernalia, and (3) for forgery - and is in the middle of making a plea
> deal, can such a person file for bankruptcy and actually expect a discharge
> (provided they are not incarcerated for the 341A!!)?
>
> What if, despite how bad this all looks, he had a steady work record with a
> government job until the recent bust, and his credit spending is fairly
> ordinary looking and doesn't look like cash advance drug-related stuff? If
> this debtor throws himself on the mercy of the court/trustee/UST/DOJ/you
> name it, and discloses all his misdeeds, what do you think his chances are?
> He is down and out and just wants to start over with his life. How do you
> think such a case would go? What is likely to happen at a 341A or beyond in
> such a case?
>
> Does anyone have experience with such facts?
>
> I am really looking for some substantive answers if anyone has them, rather
> than the obvious advice to "run; run very far away from this client!" :-)
>
> Holly Roark
> holly@...

The post was migrated from Yahoo.

How does pending felony charges affect a bankruptcy?

Posted: Wed Feb 03, 2010 3:18 pm
by Yahoo Bot

I had a case with a client facing pending criminal charges re: one of his
debts involving embezzlement fraud at a former employer. Employer never
showed at the 341(a) but could have. Chapter 7 trustee was very curious as
to the nature of the debt and the sizeable payments made back on it. Upon
my coaching, Client invoked his 5th amendment right against
self-incrimination numerous times, and I jumped in more than a few times
with "asked and answered" and "assumes facts not in evidence" to a clearly
flustered trustee. Hale
Holly Roark
Sent: Tuesday, February 02, 2010 4:38 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] How does pending felony charges affect a bankruptcy?
If a person has 3 pending felony charges - (1) for possession of marijuana
with intent to sell (over 2 pounds), (2) for possession of drug
paraphernalia, and (3) for forgery - and is in the middle of making a plea
deal, can such a person file for bankruptcy and actually expect a discharge
(provided they are not incarcerated for the 341A!!)?
What if, despite how bad this all looks, he had a steady work record with a
government job until the recent bust, and his credit spending is fairly
ordinary looking and doesn't look like cash advance drug-related stuff? If
this debtor throws himself on the mercy of the court/trustee/UST/DOJ/you
name it, and discloses all his misdeeds, what do you think his chances are?
He is down and out and just wants to start over with his life. How do you
think such a case would go? What is likely to happen at a 341A or beyond in
such a case?
Does anyone have experience with such facts?
I am really looking for some substantive answers if anyone has them, rather
than the obvious advice to "run; run very far away from this client!" :-)
Holly Roark
holly@roarklawoffices.com
Yahoo! Groups Links

The post was migrated from Yahoo.

How does pending felony charges affect a bankruptcy?

Posted: Tue Feb 02, 2010 8:14 pm
by Yahoo Bot

Holly
We all want to meet this guy. Where did you find him?
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On Feb 2, 2010, at 4:38 PM, "Holly Roark" wrote:
If a person has 3 pending felony charges - (1) for possession of marijuana with intent to sell (over 2 pounds), (2) for possession of drug paraphernalia, and (3) for forgery - and is in the middle of making a plea deal, can such a person file for bankruptcy and actually expect a discharge (provided they are not incarcerated for the 341A!!)?
What if, despite how bad this all looks, he had a steady work record with a government job until the recent bust, and his credit spending is fairly ordinary looking and doesn't look like cash advance drug-related stuff? If this debtor throws himself on the mercy of the court/trustee/UST/DOJ/you name it, and discloses all his misdeeds, what do you think his chances are? He is down and out and just wants to start over with his life. How do you think such a case would go? What is likely to happen at a 341A or beyond in such a case?
Does anyone have experience with such facts?
I am really looking for some substantive answers if anyone has them, rather than the obvious advice to "run; run very far away from this client!" :-)
Holly Roark
holly@roarklawoffices.com
Holly We all want to meet this guy. Where did you find him?Dennis McGoldrick350 S. Crenshaw Bl., #A207BTorrance, CA 90503On Feb 2, 2010, at 4:38 PM, "Holly Roark" <roarklaw@yahoo.com> wrote:

If a person has 3 pending felony charges - (1) for possession of marijuana with intent to sell (over 2 pounds), (2) for possession of drug paraphernalia, and (3) for forgery - and is in the middle of making a plea deal, can such a person file for bankruptcy and actually expect a discharge (provided they are not incarcerated for the 341A!!)?
What if, despite how bad this all looks, he had a steady work record with a government job until the recent bust, and his credit spending is fairly ordinary looking and doesn't look like cash advance drug-related stuff? If this debtor throws himself on the mercy of the court/trustee/UST/DOJ/you name it, and discloses all his misdeeds, what do you think his chances are? He is down and out and just wants to start over with his life. How do you think such a case would go? What is likely to happen at a 341A or beyond in such a case?
Does anyone have experience with such facts?
I am really looking for some substantive answers if anyone has them, rather than the obvious advice to "run; run very far away from this client!" :-)
Holly Roark
holly@roarklawoffices.com

The post was migrated from Yahoo.

How does pending felony charges affect a bankruptcy?

Posted: Tue Feb 02, 2010 4:48 pm
by Yahoo Bot

Years ago I had a client in jail, before, during and after the 341(a).claration. I had to go up and meet with him to sign the retainer, the Interrogatories from the trustee and afterwards, but the fact he was in jail didn't prevent him from his discharge. His alleged crime did - child molestation and he was going to loose his property in the civil suit. when you file, etc.
Vicki L. Temkin Law Office of Vicki L. Temkin 15030 Ventura Blvd., Ste. 19-780 Sherman Oaks, Ca 91403

The post was migrated from Yahoo.

How does pending felony charges affect a bankruptcy?

Posted: Tue Feb 02, 2010 4:38 pm
by Yahoo Bot

If a person has 3 pending felony charges - (1) for possession of marijuana with intent to sell (over 2 pounds), (2) for possession of drug paraphernalia, and (3) for forgery - and is in the middle of making a plea deal, can such a person file for bankruptcy and actually expect a discharge (provided they are not incarcerated for the 341A!!)?
What if, despite how bad this all looks, he had a steady work record with a government job until the recent bust, and his credit spending is fairly ordinary looking and doesn't look like cash advance drug-related stuff? If this debtor throws himself on the mercy of the court/trustee/UST/DOJ/you name it, and discloses all his misdeeds, what do you think his chances are? He is down and out and just wants to start over with his life. How do you think such a case would go? What is likely to happen at a 341A or beyond in such a case?
Does anyone have experience with such facts?
I am really looking for some substantive answers if anyone has them, rather than the obvious advice to "run; run very far away from this client!" :-)
Holly Roark
holly@roarklawoffices.com

The post was migrated from Yahoo.