Q: If a debtor in bank. court admits to committing theft by misrepresentation, fraud, etc., can he still be charged/crime?
I am a creditor in a bankruptcy hearing. The debtor was found to have committed fraud by embezzlement, and the judge did not allow full discharge. Can I still file a complaint with the DA's Office regarding the crimes committed, where the debtor admitted to theft by misrepresentation, selling securities without a license, forgery, wire fraud, etc. I understand that the bankruptcy court will not interfere with criminal actions.
A: Yes, and I would also contact the department of Justice and the the office of the U.S. Trustee. If you are the one injured by the embezzlement, you may also be able to take that court finding of embezzlement and use it as solid evidence in a private lawsuit against them.
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