October 6, 2015Capture

A debtor filed for Chapter 13 to get around paying his ex-girlfriend for damages suffered because he posted a private video on a pornography website.   The ex-girlfriend said she did not give permission for publication of the video.

The Judge denied the Debtor’s Motion to Dismiss his ex-girlfriend’s claim of $25,000 to settle her state court lawsuit for invasion of privacy.   The ex-girlfriend asserted that her claim was excepted from discharge based on infliction of emotional distress.   The Court found that, if true, the Debtor’s conduct presented conduct that was both willful and malicious.

The key question in Bankruptcy Court was whether the non-physical injuries constitute “Personal injury” to an individual.  The Court found that they did.

You may want to consider whether the satisfaction you may gain from the revenge is worth the dollars it will cost you.   Even declaring bankruptcy will not help you.

The revenge may turn back to you…….