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SUED (FOR ENBEZZALMENT BY A CUSTOMER)

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  • SUED (FOR ENBEZZALMENT BY A CUSTOMER)

    Indiana, I have a situation that has to do with a project on a car restoration and the customer wanted to pay for the job in advance before the job was complete. Some of the money was used for parts but there was money left over and the job didn't get completed. Life for me got very tuff and i filled chapter 7 bankruptcy and at the time i had forgotton to put him on the list. After my discharge was complete it got to the point that he might sue because I broke a contract. At that time I had the case reopened and his debt was added to the list now he is saying he can sue me for enbezzalment because he gave me money that was intrusted to me to use for the car and it was used else were. But he has the papers where he was added to the bankruptcy.

  • #2
    Re: SUED (FOR ENBEZZALMENT BY A CUSTOMER)

    I wish to inform you that you have added the person in your creditors in bankruptcy. In this, the money was given to you for car repair. When bankruptcy happened, at that time the person's inclusion shows that you have no intention of embezzlement. Further, as the person was a creditor of yours as he had given payment to you and his status would have been of a creditor till the time his job is not completed. However, when he was included in bankruptcy his rights as a creditor got merged and finished. If he feels he is not a creditor then he should have raised this matter when you had included him in creditor list and not now. Moreover, he had accepted his status in creditors list in Chapter 7 bankruptcy by not raising any objections at that time. Hence, his suit for embezzlement may not hold good and you can claim for costs and dismissal of suit.

    AFF

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    • #3
      Re: SUED (FOR ENBEZZALMENT BY A CUSTOMER)

      thanks AFFA for your response.To let you know he was added to the list after the discharge was final.My attorney said we could reopen the case and add him and the federal court accepted this and he was added and discharged.The person that was added to the list said he was not informed by my attorney but my attorney told me he had been.So at that time I sent him a copy of my papers showing him he was added and the court papers did have his correct address so my attorney said he had been notified.With all this being said should I stop worrying about this?

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      • #4
        Re: SUED (FOR ENBEZZALMENT BY A CUSTOMER)

        If you purposely took money knowing you were adding him to the bankruptcy, then you have an issue--

        otherwise you should be fine.

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        • #5
          Re: SUED (FOR ENBEZZALMENT BY A CUSTOMER)

          The money was paid on the car restoration over 2 years prior to the bankruptcy.

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          • #6
            Re: SUED (FOR ENBEZZALMENT BY A CUSTOMER)

            What do I do if the person that was added to my bankruptcy continues to threaten to sue me for not having his money to him after my lawyer sent him the ammended papers showing he has been added to the list and my debt to him is discharged?

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