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Debt without Proof of Intent – Dischargeable

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About Ralph A. Ferro Bankruptcy Lawyer

Debt without Proof of Intent – Dischargeable

Debt without proof of intent

Written and Verified by Ralph A. Ferro, Jr., Esq.

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.

Victims have rights in bankruptcy.   The plaintiff must show “the subjective intent of the debtor to determine whether the injury was intended or unintended”.

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 they specializes in bankruptcy law.    A Board Certified Bankruptcy lawyer assures you that the lawyer specializes in bankruptcy law.

Best NJ Bankruptcy Lawyer – Board Certified with Proven Results in Debt Non-Dischargeability

I am a Board Certified Bankruptcy Lawyer.    100% of my law practice is devoted to bankruptcy law.    Whether you are a creditor or debtor, Call me for a free bankruptcy consultation.

With the best bankruptcy lawyer, your rights in a bankruptcy case are protected.   I represent both creditors and debtors in Chapter 7, Chapter 11, and Chapter 13 bankruptcy matters.

I have proven experience in litigating NJ non-dischargeable debts.  Debt without proof of intent is a matter only for a Bankruptcy Attorney who specializes in NJ Bankruptcy law.