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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
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Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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My husband and I were found guilty of conversion for over payments

Customer Question

My husband and I were found guilty of conversion for over payments from his employer for 22,000 and are also ordered to pay 10,000 in punitive damages . i won't waste space to tell you we were innocent of the charges as we lost at any rate we wish to file bankruptsy chapter 7 are these 2 debts exempt/ We can not find any supporting evidence that they cannot be discharged
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 5 years ago.

Conversion is sometimes called "civil theft." Theft is the equivalent of larceny. Claims based on restitution for larceny are nondischarable, per 11 USC §523(a)(4).

 

Wish I had the answer you wanted to read, but I don't.

 

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Customer: replied 5 years ago.
In looking at the juries instructions the model used for conversion did not include civil theft or larceny in the definition. The model used was the one for the definition of No.39.010 Misrepresentation I believe it used the terms tort and even if we innocently accepted the funds they must find conversion as they did not belong to us but rather to the company ( whom on 6 occations we informed them that the checks were inncorrect) and whom agreed that they made the errors for 7 MONTHS! and onlt y found them after my husband took another part time job. As to the punitive damages for not going above the immediate owners head to another stock holder. Will thse be worked out in payments or must we pay all at once? Also as we are forced to take chapter 7 where can they place their liens ( this is va) garnishments of pay or attach to the home ? As we clearly have unavaible funds. ( At least it wasn't fraud)
Expert:  socrateaser replied 5 years ago.

Since your discharge on the claim is subject to an adversary action, i.e, the creditor must show that your actions should be nondischargable, if you can show that your actions were not willful and malicious, then you may be able to escape from the claim.

 

As for punitivies, assuming that they are not discharged, then the creditor can continue to attempt to collect by whatever means are legally available. The same Virginia exemptions that would be applicable to bankruptcy are applicable outside of bankruptcy. See http://www.virginia-bankruptcy.com/exemptions.html for a list.

 

The maximum garnishment of wages is 25% of each after-tax paycheck. Virginia's homestead exemption is only $5,000, so if you have equity in the home, then it is defintely at risk.

socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34677
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you! Our home has no equity if it did we would be required to use it in the bankruptcy to off set bills. I feel that the judicial systemof today has corruppted itself to the point that XXXXX XXXXX who defended the british soldiers after the Boston massacure would be mortified and pamphlats from Thomas Paine would emrge once again calling for reforms. An FBI friend of ours said it best... its not about truth anymore its about who can pay the most and lie the best who will win a case. I think that what causes us the most grief not the loss of the case but the loss of belief that the system will support truth not theatrics. You have been a great help thank you for your time. Good luck in your future projects.
Expert:  socrateaser replied 5 years ago.

Sigh...it was never about truth. We are fortunate that our legal system is better than most. South of the border, there isn't even a pretense of truth, in my view. It's simply the size of the "mortida" that matters. To paraphrase Albert Einstein, "Everything is relative."

 

I appreciate your confidence, and I wish you peace.

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socrateaser
socrateaser
Bankruptcy Lawyer
34677 Satisfied Customers
Attorney and Real Estate Broker -- Retired (mostly)