Legal Question in Bankruptcy in Illinois

Re: conspiracy to defraud lien holder

Quite possibly, yes. You should know, however, that you cannot recover more than you lost, i.e., your compensible/actual damages. If you have fully recovered from the entity or person in bankruptcy, you will not have suffered damages sufficient to bring an additional case against those who assisted in committing fraud.

On the other hand, if you have not been fully compensated, depending upon the particular facts of your situation, you may be able to bring a claim against those who assisted. If proven, and if their actions were wilfull, wanton and malicious, then you may also be entitled to an award of punitive damages.

The situation, however, is very fact-specific.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]

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