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Chapter 7 Bankruptcy – Debt

Chapter 13 Debt
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Here is a case wherein a debt is non-dischargeable in Chapter 7 bankruptcy.   The American Bankruptcy Institute  https://ABI.org  covered a bankruptcy case that shows how honesty in life and bankruptcy are requirements.   This case results in a non-dischargeable debt in  Chapter 7 bankruptcy.     Honesty is important in dating, bankruptcy and life in general.    This was a willful and malicious act.   I have talked about debts that could be discharged in bankruptcy.     However, this debt depicted would not only be non-dischargeable in Chapter 7 Bankruptcy but also a Chapter 13 bankruptcy.

Background:

  • 2 Single Adults began dating.
  • One recently divorced knew he had herpes.
  • Man confessed he had 2 restraining orders against him; female felt that showed he was an honest man and kept up the relationship
  • Before having sex for the 1st time, she asked her mate if he had anything else to confess, e.g. sexually transmitted diseases.
  • Man said emphatically “NO”
  • Months later Female discovered she had herpes and felt they had a bond with this incurable disease due to his wife.
  • Later the man admitted that his former wife was not to blame.
  • Woman discontinued the relationship.
  • Man filed Chapter 7 Bankruptcy.   (I would not consider him a gentlemen.)
  • Woman filed a complaint contending her damages from contracting herpes were not dischargeable.

Court Ruling:

  • Woman proved a claim under state law for fraud.
  • The award was:
    • $50K in punitive damages
    • $50K in compensatory
    • $150K for pain and suffering
  • This debt was non-dischargeable in the Chapter 7 bankruptcy filing
  • The reason for the non-dischargeability:   inflicting a “willful and malicious injury” and for a willful and malicious act.

Woman should have run when she found out that he had 2 restraining orders against him.  She should have have cut it off the relationship early.   She chose to continue in the relationship.    The 2 restraining orders  should have been a red flag as to his character.   Should she have given him another chance?

Bankruptcy does not forgive infecting someone intentionally with herpes.  This debt does not meet bankruptcy requirements.   Honesty is required not only in bankruptcy but also in life.    Dishonestly always catches up with you.

I offer a free bankruptcy consultation.   As an attorney who specializes in bankruptcy law, I would never come to Court asking that this debt be discharged in either Chapter 7 or Chapter 13 Bankruptcy.   Contact Me