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private_wealth

06/11/10 12:34 PM

#65869 RE: billyboy11 #65860

At the very least the is a case against MD for breech of fiduciary duty.

ThunderBell

06/11/10 12:37 PM

#65870 RE: billyboy11 #65860

I agree that if fraud was committed they should pay.

My point was 1) an individual cannot file a criminal charge. 2) if there are no assets a judgment is really hard to collect - it may take that 30 years you mentioned. and 3) the BK is corporate not personal so they are not asking to discharge any personal debts - any personal debts will survive the BK - to discharge those they have to file personally.

I agree there are debts that cannot be discharged in BK but if fraud was committed it was individuals who committed it not the corporation.

Allegations of Corporate misdeeds by officers of the company would be an SEC issue in this case and they, along with local authorities, may be willing to pursue action against the individuals.