AP shakedown question

[highlife]

My question is, if a creditor wins (or loses) an AP, can they also go and attempt to go after you criminally,(just to be vindictive. I know it's not going to help their collection efforts) or is that a double jeopard type issue? Found out that is our creditors plan. They want to scare/punish us into having family members come up with a large lump sum settlemnt. (not going to happen) Also, do they have to wait until after the CH13 plan is finished to do so, or does the BK protection not apply to those circumstances? We have VERY aggresive creditor for a large amount from a biz loan. Our case is a CH13case?

[AngelinaCat]

I don't know if legally they can, but we had one in which that was their intention. I have it in writing. The AP filed against us was in Federal BK court; the criminal court is located four floors up.

As far as the CH13 question, we were trying for a 13, but ended up filing a CH7. The plaintiff's civil lawsuit against us had lain fallow for 17 months without activity before we filed. It should have been closed by the clerk of court after 12 months of no activity, but that didn't happen. Instead, once the plaintiff and his minions got the 'Suggestion of Bankruptcy' he filed an AP against us in BK court, where they intended to try their civil case against us in the BK court. We were able to work a compromise with the plaintiff's attorney, (we were pro se) and the judge, who we were told didn't want to try this thing in his court, sent it back to the civil court where it belonged. The suit then continued to sit untried, until the civil clerk of court disposed of it. At that point, the judge dismissed the AP against us for 'Want of Prosecution.'

I hope this helps. I really feel for you. Please keep us posted.

[AngelinaCatHub]

Yes is the answer. As Mrs. stated, if you say it in Civil Court you are under oath and after the Civil suit, those words can and will be used as a confession of a criminal action if it is proven. Our adversary's dumb stit lawyer wrote a letter that fell into our hands and with that letter stating he "intends" to go criminal, gave us a perfect reason to use the 5th amendment privilege. When the Judge stated (in a different but related suit, we being witnesses) that I had no grounds to plead the amendment, I politely disagreed and pulled a copy of the lawyers letter out. The defendant's attorney with a very big smile, took and put the letter into evidence and my failure to talk saved the case for the defendant. It was a pleasing feeling. 'Hub