March 5, 2015

Making false representations and/or causing deliberate damages to a Creditor are not dischargeable.

The Debtor’s landlord sued the debtor and the following acts by the Debtor made these debts non-chargeable as ruled by the Bankruptcy Court.

What happened?

  • Debtor rented a property from the Landlord.
  • Lease included one dog – a small Chihuahuajulio
  • Upon leaving, it was found that the Debtor had a large dog which caused significant damage to the landlord’s property.
  • When the landlord sued the Debtor for damages, the Debtor (renter) posted statements on Craig’s List that the landlord was a slumlord, thief, etc. and other derogatory statements.
  • The Bankruptcy court found that the Debtor had made up all the false statements against the landlord and the statements were not true – these statements were intended to cause financial harm to the landlord.
  • The Bankruptcy Court ruled that the loss of rental income due to the false statements as well as the damage by the large dog (who was supposed to be a Chihuahua) were both non-dischargeable.  In addition, the court awarded the landlord attorney fees and these were also non-dischargeable.

Bankruptcy is not intended to get away with intentional harm by you or your dog to your creditors and not even your landlord.