NSW Criminal Claiming Bankruptcy - What to Do?

[Jrann]

Hi,

Wondering if anyone can give me a straight answer regarding a convicted criminal who was ordered at sentencing to pay back the money he stole during a home invasion. But when he got out, he filed for bankruptcy and it was granted.

What I need to know, as the money was obtained by fraud, can I still chase him for the money after the bankruptcy period ends? Or does it become crystallised? During the home invasion, he and his accomplices presented themselves as detectives and stole our money.

Any help would be appreciated

 

[Sophea]

Hi Jrann, certain debts survive bankruptcy and debt agreements, and that includes debts incurred by fraud. The full amount of such debts remains owing despite the bankruptcy.

 

[Jrann]

So would money stolen during home invasion be obtained by fraud?

 

[Sophea]

I can't say for certain, but I would think so. You would bear the onus of proving that to the court.

 

[Rod]

Maybe. Depends on various facts.

Keep in mind though if the money was obtained by you through criminal activities, the court will not help you.

 

[Jrann]

Money obtained through our retail bussiness.

 

[Rod]

Recommend booking an appointment with a lawyer to talk about your options.