Legal Question in Business Law in California

Re: Can a scamster file bankrupcy?

He 'can' file, but you could file a claim and contest the discharge. Fraud is generally not dischargeable. Feel free to contact me if you need legal help doing so. You should pursue this, so that you keep your judgment and might someday be able to collect if you find any assets.

Re: Can a scamster file bankrupcy?

He can file, but the debt may not be discharged if challenged.

Re: Can a scamster file bankrupcy?

We don't "convict" defendants in civil proceedings. The result in civil court would most likelt be a money judgment against the scamster and in favor of the plaintiff or plaintiffs.

The holder of a civil judgment for fraud or related matters involving dishonesty can make an appearance in bankruptcy court to challenge the dischargeability of the debt for the judgment, and the bankruptcy court will routinely rule that such debts are NOT dischargeable, even in a Ch.7 case.

So, the scam artist can be prevented from getting away with it through bankruptcy, but the holder of the judgment must be pro-active at an early stage of the bankruptcy proceedings, and seek and obtain a ruling of non-dischargeability.

Re-ask your question under the LawGuru headings for bankruptcy if you need details of when and how to handle this in the bankruptcy court.