Legal Question in Bankruptcy in California
A builder misused funds when I contracted with him to build a house. That is, he cannot account for a significant amount of the funds, in excess of $50,000
When challenged he provided fabricated records showing the disposition of said funds. For example claiming in writing that "x" amount went to "y" company for services. Whereas, after conducting my own investigation, I have affidavits from these companies stating they never did business with this contractor. Therefore, in addition to providing fabricated records and invoices, the disputed amount is still unaccounted for. For all I know it's sitting in his bank account.
He is now filing for Chapter 7. Do you feel I could successfully object to discharge under Code 727?
1 Answer from Attorneys
You would need to file an adversary complaint for fraud and for a determination that the debt to you is nondischargeable. Of course, this will require expenditure of attorney fees and costs, and it doesn't magically get you back your money.
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