Can bankruptcy affect a theft claim?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can bankruptcy affect a theft claim?
I filed bankruptcy 3 years ago. My crazy ex-girlfriend stole my electronics and tools. he claims adjuster and investigator asked about bankruptcy.
Asked on September 7, 2016 under Bankruptcy Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Legally, a bankruptcy filing does not affect a theft claim--they are legally unrelated. Factually, if something about the circumstances of the bankruptcy filing suggest, imply, or tend to show that you will break the law or commit fraud to avoid debts and/or make money (e.g. some of the statements or claims in bankruptcy which you made may be, or in fact were found to be, untrue), they can look into that, as it may then suggest the new claim is not valid. Or if information on the bankrupcy claim contradicts what you have said in the new theft claim in some way, they can investigate that, too. So it's not the legal effect of bankruptcy that bears on a theft claim, it's whether the facts or circumstances cast doubt in some way on the new claim.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Legally, a bankruptcy filing does not affect a theft claim--they are legally unrelated. Factually, if something about the circumstances of the bankruptcy filing suggest, imply, or tend to show that you will break the law or commit fraud to avoid debts and/or make money (e.g. some of the statements or claims in bankruptcy which you made may be, or in fact were found to be, untrue), they can look into that, as it may then suggest the new claim is not valid. Or if information on the bankrupcy claim contradicts what you have said in the new theft claim in some way, they can investigate that, too. So it's not the legal effect of bankruptcy that bears on a theft claim, it's whether the facts or circumstances cast doubt in some way on the new claim.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.