Hire the Best Bankruptcy Lawyer to prove your case for NJ non-dischargeable debts. In the case below, the creditor could have won if not for making the mistake of hiring an inexperienced bankruptcy lawyer. Surprising as it seems, you need to demonstrate that the rape is committed with intent to harm or anticipate injury. In this way, the debt is non-dischargeable. The issue of NJ non-dischargeability of a debt is litigated often in Chapter 7, Chapter 11 and Chapter 13 Bankruptcy cases.
Creditor (Victim) Damages in Rape Case
Committing rape does not automatically result in a non-dischargeable debt for infliction of “willful and malicious” injury. This is under Section 523 (a)(6), according to Judge Sarah A. Hall (Hagmaier v. Cooley, 15-1214 (W.D. Okla. May 12, 2016) (case reference)
Judge blames poor lawyering. Judge Hall states that the plaintiff “utterly failed to focus on proving [the perpetrator’s] intent”.
In this case, the perpetrator of rape can discharge the debt that the victim is awarded in damages. They must show that there was no intent to harm or anticipate injury. Judge Hall believes that someone can commit rape without intending to injure.
Victims can suffer twice:
1) from the rape itself; and
2) the Court’s rulings in Bankruptcy cases.
I successfully litigated a NJ Chapter 7 non-dischargeability debt bankruptcy case. The gang member’s damages to my client were non-dischargeable. My client was beaten to the point where he cannot walk or talk. Intent to injure was proven. It is difficult to imagine that a rape case is any different.
Be sure that you thoroughly interview a lawyer. Find out if he/she specializes in bankruptcy law. A Board Certified Bankruptcy lawyer assures you that he/she specializes in bankruptcy.
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