Are all debts dischargeable in bankruptcy? That is a common questions my clients ask.

No – Not all debts are dischargeable in bankruptcy. Here is an interesting example/case.

In Bankruptcy, not all debts are dischargeable. Below is an example of a debt that was not dischargeable. Debtor tried to avoid paying this debt by filing for Chapter 7 Bankruptcy.

Background – Chapter 7 Bankruptcy Debt

Debtor and his Stepson were involved in an altercation.
Stepson is a minor.
The event occurred 6 months after Debtor married his stepson’s Mother.
Debtor fired 5 shots with a 9mm Barretta pistol.
2 shots in the air, 1 shot on the ground, and 2 final shots hit the stepson in the bicep and forearm.
Between the 1^st 3 shots, the stepson hit the Debtor in the face.
Stepson claimed (which seems reasonable) that the Debtor was trying to kill him and might have if the gun had not jammed before he was struck in the bicep and forearm.
Debtor argued he never intended to shoot his stepson but hit him by accident.
Debtor filed bankruptcy since the stepson was entitled to damages as a creditor.
Stepson files an adversary proceeding to except the damages from discharge.

Court Ruling – Chapter 7 Bankruptcy Debt is Not Dischargeable

No matter what version is believed, it is obvious that the Debtor intended to cause harm.
The Debtor loaded the gun and fired repeatedly at the victim, which is clearly reckless and negligent.
Not only were his actions reckless and negligent, as the Debtor claims, but they were also willful and malicious, resulting in injury.
Based on the evidence provided and the totality of the circumstances, the Debtor could not expect this debt to be included in his bankruptcy.

How could anyone believe that when they fire 5 shots and actually hit their victim that there was no willful intent to harm someone???

Glad some judges and courts do not allow this ridiculous assertion by the Debtor. It never ceases to amaze me what someone will come to Court and present.

When you intentionally cause harm and cause injury, these debts are not dischargeable in Bankruptcy.

If you are considering filing bankruptcy, contact me for a free bankruptcy consultation. Whether you are filing a Chapter 7 Bankruptcy, 11, or 13 bankruptcy, I can help you.

Call me: Ralph A. Ferro, Jr., Esq. (201) 446-5904