I am a creditor. I took my Range Rover to a body shop that blatantly parted and sold my engine and brand new trasmission, denied me of my vehicle for four months until I called the police, gutted the radio, amp, and speakers and sold them, and cleaned my car completely out with my things in boxes stealing my personal items and any car repair information like the transmission receipt, rigged it with silicon, charged for things that were never damaged, and unauthorized charges, deception, fraud, and forgery of all documentation. I won the case easily and then she filed bankruptcy the day she was supposed to pay me she served me. I want to know if I can still call the police? And report her? And let the DA decide? If it should go to criminal court? While the stay is in place... It is civil so I am hoping I can still go criminal.

Did you report it to the police initially? If not, you chose to go the civil route and I don't think you can criminally prosecute now. But it doesn't hope to talk to the local Prosecutor's office.

Yes you can. The automatic stay does not bar criminal prosecution.

"11 U.S.C. § 362 : US Code - Section 362: Automatic stay
...
(b) The filing of a petition under section 301, 302, or 303 of
this title, or of an application under section 5(a)(3) of the
Securities Investor Protection Act of 1970, does not operate as a
stay -
(1) under subsection (a) of this section, of the commencement
or continuation of a criminal action or proceeding against the
debtor;
..."

Well, yes you can always go criminal after criminal. They are almost like two different entities. You can be found guilty if wrongful death and not of murder, or kill someone and be charged with murder and further charged with wrongful death. Double jeopardy only applies criminal law to constitutionally protect citizens from being prosecuted for the same offense after they were acquitted or convicted. I just wasn't sure if the bankruptcy stay was only about trying to enforcement payment in civil court out bothering the debtor for payment or if the stay meant I couldn't take any action of anything arising out of the debt like calling the police to report her for theft and destruction of property, that led to me suing and getting the judgment that is now unenforceable by the stay.


=ScottGem;3199170]Did you report it to the police initially? If not, you chose to go the civil route and I don't think you can criminally prosecute now. But it doesn't hope to talk to the local Prosecutor's office.[/QUOTE]

I did yesterday but he wasn't helpful even though I had evidence of th theft, witnesses statements, and a judge putting judgment in my favor, and he didn't even know the statue of limitations which is one year to protect the defendant from waiting for a long time in worry and to keep evidence and memories excessive.

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Originally Posted by tnl1985

Well, yes you can always go criminal after criminal. They are almost like two different entities. You can be found guilty if wrongful death and not of murder, or kill someone and be charged with murder and further charged with wrongful death. Double jeopardy only applies criminal law to constitutionally protect citizens from being prosecuted for the same offense after they were acquitted or convicted. I just wasn't sure if the bankruptcy stay was only about trying to enforcement payment in civil court out bothering the debtor for payment or if the stay meant I couldn't take any action of anything arising out of the debt like calling the police to report her for theft and destruction of property, that led to me suing and getting the judgment that is now unenforceable by the stay.


=ScottGem;3199170]Did you report it to the police initially? If not, you chose to go the civil route and I don't think you can criminally prosecute now. But it doesn't hope to talk to the local Prosecutor's office.

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[/QUOTE]

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Originally Posted by tnl1985

... me suing and getting the judgment that is now unenforceable by the stay.
...

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And, of course, you can file a proof of claim in the bankruptcy case. If there are non-exempt assets, you get a share of the proceeds.

If you recorded your judgment, that may make you a secured creditor, if there is any real estate.

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Originally Posted by AK lawyer

And, of course, you can file a proof of claim in the bankruptcy case. If there are non-exempt assets, you get a share of the proceeds.

If you recorded your judgment, that may make you a secured creditor, if there is any real estate.

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I don't know what a proof of claim is unless its showing she owes you but I am on the list of creditors, if I'm wrong please explain so I can try that. Also the body shop that I sued

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Originally Posted by tnl1985

I don't know what a proof of claim is unless its showing she owes you but I am on the list of creditors, if I'm wrong pls explain so I can try that. Also the body shop that I sued

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Valued it at $2,800 even with styx hydro lifts already $1,000 each and I don't know why the trustee allowed that, and I informed him of the reason she owes me a debt being fraud theft forgery and certification of priory deception

Quote:

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Originally Posted by tnl1985

I don't know what a proof of claim is unless its showing she owes you but I am on the list of creditors, if I'm wrong pls explain so I can try that. Also the body shop that I sued

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Oops I accidentally sent it... anyway, the body shop I sued lost and I got my full judgment, had to wait for the 30 day suspension of enforcement, and they were supposed to send an honest schedule of assets to me before the suspension was up, she never did do I filed for an examination of assets hearing, and she didn't go, which is contemptuos, instead she served me days later. I didn't ever know which property to attach to with county records to have a secured debt

Quote:

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Originally Posted by AK lawyer

And, of course, you can file a proof of claim in the bankruptcy case. If there are non-exempt assets, you get a share of the proceeds.

If you recorded your judgment, that may make you a secured creditor, if there is any real estate.

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What can I do with her abandoned property after the case is over and I save my debt from discharge? She got her shop abandoned saying it wasn't worth nothing to creditors which was a lie, $2,800 including property, profits, inventory,etc and she put that under oath which didn't get proven until a creditor complaint or trustee sees it suspicious and he never checked into it, almost crookedly. But I know its worth more and the examination hearing makes her provide proof so hopefully I make it to that.