Please ensure Javascript is enabled for purposes of website accessibility

Bankruptcy – Nondischargeability – theft by contractor

By: WISCONSIN LAW JOURNAL STAFF//September 7, 2011//

Bankruptcy – Nondischargeability – theft by contractor

By: WISCONSIN LAW JOURNAL STAFF//September 7, 2011//

Listen to this article

Bankruptcy
Nondischargeability; theft by contractor

Where a debtor entered a stipulation in state court admitting liability under the theft by contractor statute, the debt is nondischargeable in bankruptcy.

“Here, the underlying judgment arose under Wisconsin’s theft by contractor statute, and while the stipulation did not admit intentional or wrongful conduct, Paragraph 2 admitted that the damages provided for were ‘caused by Defendant’s theft by contractor.’ Consequently, the defendant has admitted violation of the statute. See Klingman v. Levinson, 114 F.3d at 627 (holding stipulation waived defense of issue preclusion). The provisions of the statute meet all the elements for nondischargeability under 11 U.S.C. § 523(a)(4), the damages have been determined, and the defendant’s debt to the plaintiff is not subject to discharge.”

10-28400 In re Carlson

E.D.Wis., Mcgarity, Bankr. J.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests