Legal Question in Bankruptcy in Kentucky

Filing personal bankruptcy on a summary judgement.

I had a criminal charge of embezzlement filed against me for $78,000.00 . I pled guilty to $3,200.00 and received a probated sentence with a wage garnishment to repay funds of $78,000.00. The judge stated in his circuit court ruling that I could not take bankruptcy to relieve myself of the debt during my probation period. The entity then filed a civil suit against me for $126,000.00. I wanted to use the civil courts as the battle ground for my defense rather than go thru criminal court proceedings. (There are several factors involved that should have been allowed as evidence during a civil trial) The plaintiff filed the suit against me, and only asked for one set of interrogatories to be completed. The plaintiff then filed a motion for a summary judgement for $78,000.00 to which I filed a motion stating I did not agree to a summary judgement and wanted the civil trial. The judge ruled in favor of the plaintiff ( as a matter of law) and granted the summary judgement. I understand that when my probation is complete, the courts cannot continue with my wage garnishment. Can I file personal bankruptcy for the civil part of the judgement after my probated time is complied with?


Asked on 2/01/98, 3:53 pm

1 Answer from Attorneys
Patrick A. T. West Ohio Ticket Defense Patrick A. T. West, Attorney at Law

Bankrupting embezzlement after probation

You would waste your money filing bankruptcyto discharge a debt owed by reason of embezzlementbecause that sort of debt is not dischargeable.You will have to pay until the $78,000 is repaidin full.

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Answered on 2/03/98, 12:44 pm


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