Legal Question in Bankruptcy in Minnesota

Civil Judgement that involves fraud or misrepresentation

Can a civil judgement that is the result of fraud or misrepresentation by a building contractor that was operating without a state license be discharged by that person filing bankruptcy? He did not have a business and the judgement is against him personally. We have documentation for a cease and desist order issued from our state to him and additional documentation that states the kind of misrepresentation and fraud he committed under the state's Department of Commerce Laws. Local law inforcement would not allow us to charge him with a crime; they told us to persue it in civil court though our state documents clearly state fraud, theft by fraud and mispresenation citing the parts of the state's Commerce Code that were violated.


Asked on 12/06/99, 3:02 pm

1 Answer from Attorneys
James Smith James E. Smith Ltd.

Re: Civil Judgement that involves fraud or misrepresentation

Yes that judgment can be discharged unless you file an objection in the bankruptcy court to the discharge. Your reasons for the objection are valid but the burden of going forward with proving the fraud is on you in the bankruptcy proceedings. Otherwise that judgment will be gone.

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Answered on 12/07/99, 10:24 am


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