Legal Question in Bankruptcy in California
The lord givith and the lord taketh away.
Hi,
A friend of mine upon praying to god for some extra money received a very large deposit into his bank account. He asked the bank, ''What's this?''. And the bank said it was his... They even offered him investment vehicles. To me it was an obvious mistake by the person sending the wire. So.. My friend spent half the money paying bills, and sending money home to his family in another country. Is he liable for the money he spent? Is this Criminal? If he is liable, but it's not criminal, then he will obviously have to file bankruptcy. If he has to file bankrupty(or rather just leave the country), though unethical, would he be able to use his credit cards prior to the bankruptcy filings? Thanks.
2 Answers from Attorneys
Re: The lord givith and the lord taketh away.
He knew the money wasn't his, so the bank may fight the dischargeability of the debt in bankruptcy, meaning he'd still owe them the money. Has he offered the remaining money to the bank?
Re: The lord givith and the lord taketh away.
If he has to ask, then its not his. If its not his, he should give it back. If he leaves the country, he should go in one of the investment vehicles and pay for the gas with his credit cards.
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