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Effect of State Court Judgment
Well, as you know, lawyers will do almost anything for their clients who are
mad enough and have money:
sad but true. So, yes, it is possible. Why not acquaint yourself with some
of the cases under the 523 code section in the annotated codes so you will
feel more confident. Alot depends on the facts and circumstances.
The burden of proof, I believe, is preponderance of the evidence. Carolyn
To:
Sent: Wednesday, April 06, 2005 6:00 PM
Subject: [cdcbaa] Effect of State Court Judgment
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> Suppose I steal a million bucks from my employer. He sues me and
> we settle. I agree to a Stipulated judgment for a million bucks. The
> stip has no release but employer waives his right to come after me for
> more. Under the stip, I am suppose to turn over 25% of my earnings
> for ten years and cooperate with efforts to liquidate some other
> property I have. I comply somewhat with the judgment but finally file
> chapter 7.
> Can employer file 523 action for the theft of the money?
> Is the Stip a trust such that I committed (possibly) defalcation
> by a fiduciary depending on my efforts to liquidate the property?
> (ridiculous in my view but that's what the complaint says)
> Thanks y'all
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> Yahoo! Groups Links
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The post was migrated from Yahoo.
Suppose I steal a million bucks from my employer. He sues me and
we settle. I agree to a Stipulated judgment for a million bucks. The
stip has no release but employer waives his right to come after me for
more. Under the stip, I am suppose to turn over 25% of my earnings
for ten years and cooperate with efforts to liquidate some other
property I have. I comply somewhat with the judgment but finally file
chapter 7.
Can employer file 523 action for the theft of the money?
Is the Stip a trust such that I committed (possibly) defalcation
by a fiduciary depending on my efforts to liquidate the property?
(ridiculous in my view but that's what the complaint says)
Thanks y'all
The post was migrated from Yahoo.