A Malicious & willful act that injures someone, cannot be discharged in bankruptcy (not in any Chapter in Bankruptcy – neither Chapter 7 nor Chapter 13 Bankruptcy. The bankruptcy code is clear on these types of debts.
Here is an example of a Chapter 13 bankruptcy debt that was non-dischargeable in bankruptcy. Bankruptcy Debts caused by willful and malicious acts cannot be discharged in bankruptcy.
Malicious & Willful Injuries Cannot be Discharged in Bankruptcy
Background:
- Guard orders a prisoner to do something that is not acceptable.
- The prisoner files a Court action against the prison guard.
- The prison guard defaults in the case.
- 2 years later, the Correction Officer appears at a judgment hearing.
- Liability is contested.
- District Court determines that the liability was established.
- The hearing is only to determine the amount of damages.
- Plaintiff (prisoner) is awarded $20K in compensatory damages and $5,000 in punitive damages.
- Correction Officer files for Chapter 13 Bankruptcy and lists the debt in his bankruptcy.
- Plaintiff files a complaint to show the Debtor’s acts are willful and malicious.
Injuries to Creditors – Chapter 13 Bankruptcy Result
- Debtor’s actions were malicious.
- Debtor’s actions were outside his duties as a correction officer.
- Although not necessary, Court also concluded actions were willful.
- As expected, the Bankruptcy Debts were non-dischargeable in the Chapter 13 case.
The Correction Officer abused the prisoner and was trying to abuse the bankruptcy system. This debt could not be discharged in bankruptcy.
Bankruptcy was established and available to allow debtors to get a fresh start. However, it was not established to enable individuals to avoid paying debts for intentional acts against others. Creditors have rights, too.
When you commit a malicious act that was also willful, you cannot file bankruptcy to discharge this debt.
Justice was serviced in this Chapter 13 Bankruptcy Case. You must not abuse the bankruptcy system to avoid being responsible for your actions.
If you have injuries that were caused by a malicious and willful act, you have a right to collect for damages. The damages that you suffered entitle you to compensatory and punitive awards. When the Court awards you these damages, you have a right to collect the money that is owed you.
Creditors have rights, too. If the person who injured you attempts to file bankruptcy to avoid, hide from their responsibilities and discharge this debt, I can help you.
You should receive a notice from the Court advising that the person who injured you has filed for bankruptcy. I suggest you immediately contact me.
I can represent you so that this debt is not discharged in any bankruptcy.
If you have been injured and awarded damages, I offer a free bankruptcy consultation. I can help you be sure that your debt in not discharged in bankruptcy.
Whether it is a Chapter 7 Bankruptcy or a Chapter 13 Bankruptcy, I will represent you to protect your rights.
Adversary Proceedings protect creditors. You need a bankruptcy attorney who specializes in bankruptcy law to represent you.
Call me today: Ralph A. Ferro, Jr., Esq. Bankruptcy Lawyer (201) 446-5904. I will speak with you personally.
