New York State Shoplifting Laws
In addition to restitution of the value of items stolen, criminal
liability for fines is also nondischargeable in bankruptcy cases filed
under Chapter 7 and Chapter 13 of the US Code. Criminal activity is
determined by the court, and may be based on allegations advanced by
creditors in motions objecting to discharge.
In practice - New York State Shoplifting Laws
Retail merchants have more intolerant of thieves, and in turn, New
York State shoplifting laws tend to be more conservative. In practice,
this means judges are becoming more intolerant of juvenile crimes and
crimes of necessity for food, clothing, and health. Similarly,
bankruptcy courts are also growing more conservative and provide
creditors greater latitude in considering objections to discharge when
criminal activity is allege, without the necessity of a prior record of
conviction in state court.
The US Bankruptcy Code generously incorporates New York
State statutory laws into the administration of Chapter 7 liquidation, Chapter 13
plans,
and Chapter 11 reorganization cases. The application of State Law in
Federal Court is essential for resolving legal issues pertaining to the
ownership of property, debtor and creditor rights, employment law and
employee rights, enforcement of judgments, determinations of liability,
family obligations, and many more individual rights when dealing with
large corporations. Each year, as the State Legislature in Albany enacts
new statutes, or amends existing statutes, the ripple effect impacts all
New York citizens' rights in Federal Bankruptcy Court.
Amendments
appearing in New York State statutory law may sometimes affect
the administration of bankruptcy cases through the federal system and
the determination of assets subject to
seizure, as well as affect the dischargeability of loans, contractual
liability, tort claims, as well as other debts. Notice the following
recent changes in bankruptcy practices throughout the state:
- The Bankruptcy Court Albany NY recently amended Local Rules
regarding requirements to file Chapter 7 Bankruptcy in New York on internet
connections. To file Chapter 7 bankruptcy in New York, bankruptcy attorneys, NY
law firms, but not individuals must complete forms in a conforming
electronic format.
- New York City bankruptcy attorneys who file cases in New York Bankruptcy
Court Western District divisions may use credit cards to pay filing
fees through the PACER System.
- The Bankruptcy Court Northern New York and Eastern District of New York
Bankruptcy Court are preparing amendments of Local Rules to
accommodate recent bankruptcy New York law amendments contained in the
Abuse Prevention Act of 2005.
Back to New York State
Statutory Law information index.
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