Legal Question in Bankruptcy in Connecticut

criminal charges

can criminal charges of larceny be filed by the same people that where discharged in bankruptcy in local court


Asked on 5/01/02, 10:34 am

1 Answer from Attorneys

Joel M. Grafstein Grafstein & Arcaro, LLC

Re: criminal charges

Generally I the creditor did nothing in the bankruptcy case by way of filing a complaint objecting to the dischargeability of the debt they may have a problem with bringing a larceny charge after the bankruptcy. The courts look to the principal motivation of the complainant. The typical use of the "principal motivation" test generally involves some inquiry into both the complainant's and the prosecution's motives, and thus, in the view of an increasing number of courts, runs afoul of the Supreme Court's decision in Younger v. Harris, 401 U.S. 37. However, ultimately it is up to the State to determine whether it will prosecute the debtor. It should be noted that there is nothing in the Bankruptcy Code that stops the victim to go to the prosecutor's office during the bankruptcy proceeding, there is no stay for a criminal prosecution.

I hope that this helps.

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Answered on 5/01/02, 6:58 pm


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