If an executor mishandles/steals from an estate and a judgement is filed against him, can he declare bankruptcy and walk away?

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1. 

   Dorothy G BuncePro

   Las Vegas Chapter 7 Bankruptcy Attorney

   Contributor Level 20

   

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   Answered April 13, 2011 13:49. Bankruptcy law does not allow the discharge of debts that occur as a result of criminal actions. However, in order to protect the rights of the victim, you may have to file a legal action within the bankruptcy.
   
   See 11 USC section 523(a)(4) for more information.
   
   Hope this perspective helps!

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2. 

   James Thomas

   Dallas Probate Attorney

   Contributor Level 14

   Answered April 13, 2011 12:18. A probate lawyer may be able to provide you with some context specific to your jurisdiction, but I'd consider posing your question to a bankruptcy lawyer as well. Chances are that a helpful answer will require some substantial development of the facts you've provided. For example, has the executor's mishandling already been litigated, resolved and reduced to judgment, or are you concerned about where some current mishandling might lead things? Many types of estate administrations require the representative to post a bond against potential wrongdoing. Are you aware of any sort of mechanism that might already be in place to make the estate whole?

   This answer does not constitute legal advice. I am admitted to practice law in the State of Texas only, and make... moreThis answer does not constitute legal advice. I am admitted to practice law in the State of Texas only, and make no attempt to opine on matters of law that are not relevant to Texas. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should not rely on this answer alone and nothing in these communications creates an attorney-client relationship. less

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