December 27, 2013
(2013) Successful Case Declaring Debt Owed to Victim related to Malicious Injury by Gang Member to be Non-Dischargeable. Bankruptcy Code 11 U.S.C. 523 (a)(6).
In addition to representing debtors for Bankruptcy, I represent clients to pursue their claims as a creditor in Bankruptcy Court.
One such case, my client at age 16 was a victim in a gang attack which resulted in him being left with permanent brain damage. He can no longer walk and is wheelchair bound for the remainder of his life with ongoing seizures.
My client was coming out of a library and was mistaken for a member of a gang. The members of the attacking gang beat him and left him for dead on the curb. Fortunately, a witness identified the gang members and they were arrested. Some were given jail time and others minor sentences because they cooperated.
Although my client was successful in obtaining a judgment of over $1 million, he was not able to collect one dime to date. It took 12 years to finally locate one of the gang members and try to collect the judgment.
When we obtained a wage garnishment, the gang member filed a petition for Chapter 7 Bankruptcy to discharge this debt.
It was never the intention of the Bankruptcy Code that willful and malicious acts and its damages should be discharged.
I was successful in a summary judgment obtaining a Court Order that this debt is non-dischargeable.
Now my client will be able to begin to collect on this judgment. It is important to hire an attorney who not only cares but also is well versed and experienced in NJ Bankruptcy.
I work hard for my clients, I care and I am always committed to do what is right for my clients no matter how long it takes.