Criminal Law Questions? Ask a Criminal Lawyer.
If the client doesn't push for any type of criminal charges to be placed, then the DA is not going to do this on his own. They simply have too large a caseload to go after cases involving money where the victim doesn't want to pursue it.
Since this is a breach of contract case, I don't see this as being a criminal action unless you intentionally defrauded the homeowner.
If you file bankruptcy, you would want to include this debt to extinguish your legal obligation to pay the debt. There is nothing that says you couldn't "reaffirm" the debt and voluntarily agree to repay the loan at a later date if the DA threatened criminal charges.
But I would opine that this is a civil breach of contract matter and the DA wouldn't place any criminal charges.
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Yes, the statute of limitations for theft or fraud related criminal charges is 5 years from the date of the commission of the act or the date of discovery of the act. (Kansas Statute 21-3106: Time limitations for commencement of prosecutions.)
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