What Debts are Non-Dischargeable in Bankruptcy?
As a Bankruptcy Lawyer, I fight for both Debtor and Creditor Rights. Although I represent Debtors in Chapter 7, 11 and 13, I also fight for creditor’s rights. Creditors have rights, too. When a debtor lists your debt in their bankruptcy, that debt could be found non-dischargeable. We are both a debtor and creditor rights law firm that fights for you.
Below is a case wherein, I fought hard to stop a debt from being dischargeable. Victory is achieved for the Creditor. Success is achieved to allow my client to collect on his debt.
Successful Case Declaring Debt Owed to Victim related to Malicious Injury by Gang Member to be Non-Dischargeable. Bankruptcy Code 11 U.S.C. 523 (a)(6).
My client at age 16 was a victim in a gang attack. This results in him being left with permanent brain damage. He can no longer walk, is wheelchair bound, has ongoing seizures for the remainder of his life.
My client was coming out of a library and was mistaken for a member of a gang. The members of the attacking gang beat him. Left him for dead on the curb with no help. Fortunately, a witness identifies the gang members. Police arrest the suspects. Some were given jail time and others minor sentences because they cooperated and one plead guilty to avoid jail time.
$1 Million Judgment Won
- My client was successful in obtaining a judgment of over $1 million. The victim was unable to collect one dime for over 12 years. Finally after 12 years, one of the gang members is located in order to try to collect the judgment.
Wage Garnishment in Place
- After locating the gang member, a wage garnishment was approved and put into place.
Gang Member Files for Chapter 7 Bankruptcy to Avoid Paying Debt.
- Unfortunately, the gang member filed a petition for Chapter 7 Bankruptcy to discharge this debt. However, it was never the intention of the Bankruptcy Code that willful and malicious acts and its damages should be discharged.
Court Hearing Held – Successful Summary Judgment – Debt Non-Dischargeable for Victim/Creditor
- I was successful in obtaining summary judgment by Court Order. Therefore, this debt is non-dischargeable.
Collection Begins to Enforce Creditor’s Rights
- Now my client is able to collect on this judgment.
- This debt is never dischargeable.
- Debtor cannot go back and attempt to remove this debt.
- Justice is served.
Hire a lawyer who cares, is well versed and experienced in NJ Bankruptcy Law to represent your interests.
If you want a bankruptcy lawyer, that:
- Works hard for clients
- Commits to do what is right
- Follows a case to the end
- Stays with your case, no matter how long it takes
- Gets personal satisfaction from helping clients
Contact me for a free bankruptcy consultation.
If your debt is listed in a Chapter 7 Bankruptcy and should not be discharged, Call Me Now (201) 446-5904. I am a NJ Bankruptcy Lawyer representing both creditors and debtors.
There is no justice for the victim. However, he is not a victim again. When he appeared in Court with me, he looked at me and he smiled. This is personally gratifying and rewarding to me.
Ralph A. Ferro, Jr., Esq. – Law Firm – Creditor’s Rights