Legal Question in Bankruptcy in California

filing for bankruptcy

My grandfather has lawsuits against him he has failed to pay the creditors can the creditors file criminal charges against him?


Asked on 7/31/03, 5:11 pm

3 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: filing for bankruptcy

No, but the district attorney can file criminal charges if there's fraud involved (such as fraudulent transfer of assets, or lying on a loan application, or writing lots of bad checks).

What creditors can do is try to collect the debt, which can include garnishing wages or getting an order for the sale of assets.

Your grandfather should explore the possibility of negotiating the debts or filing bankruptcy.

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Answered on 8/01/03, 12:22 am
Lauren Ross Lauren Ross

Re: filing for bankruptcy

No, not unless there is some type of fraud underlying the debt.

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Answered on 7/31/03, 5:18 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: filing for bankruptcy

In addition to what Lauren has told you, even if they attempt to file criminal charges, they would have to be reviewed by the police, the city and/or district attorney. No one would bring criminal charges for a debt that's merely unpaid. If you (or your grandfather) need further assistance, please let me know.

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Answered on 7/31/03, 5:34 pm


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