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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 17463
Experience:  B.A.; M.B.A.; J.D.
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John filed a Chapter 7 bankruptcy case. Peter posted in his

Resolved Question:

If someone in his online public blog posts the debt amount of a list of personal loans and the initials of the associated creditors in another person's Chapter 7 bankruptcy case, it is legal in the US please? Thank you.

Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 6 years ago.

 

Unfortunately it is legal if the information posted is accurate. The fact that someone filed for bankruptcy is a matter of public record. Anyone who knows how to access the bankruptcy Court's docket can access it and post the information online as long as the information being posted is accurate. Otherwise, the injured party would have a case of libel/defamation against the person who posted the inaccurate information online.

Customer: replied 6 years ago.
Let's say Peter stated in his public online blog that John defrauded the creditors (without any supporting evidence), and John sued Peter for defamation/libel. Is the burden of proof at the litigation court on Peter (i.e. Peter is required to prove that John did defraud his creditors)? If Peter can't provide evidences, will the judge or the jury still ask John how he got all the loans in details please?
Expert:  Phillips Esq. replied 6 years ago.

The burden of proof is on the Plaintiff, John, to prove what he is asserting on his defamation/libel suit.

 

Generally, in order to win a defamation suit, you must be able to prove all of the elements of defamation. Generally, you must be able to prove (1) that a defamatory statement was made against you; (2) that there was a unprivileged publication of the statement to a third party; (3) if the defamatory statement is a matter of public concern, fault amounting at least to negligence on the part of the publisher--this may not apply to you if you are not a public figure; (4) then finally you have to prove that you suffered damages as a result of the defamation.

 

 

 

 

Customer: replied 6 years ago.
Thanks a lot. On the first element of defamation, to prove that a defamatory statement (the Defendant stated the Plaintiff defrauded the creditors) was made against Plaintiff, does the Plaintiff have to prove that he didn't defraud his creditors? Doesn't the Defendant need to prove that the Plaintiff indeed committed a fraud? Thanks.
Expert:  Phillips Esq. replied 6 years ago.
I am not willing to continue with this discussion, if you have not shown any willingness to ACCEPT of any of my Answers.
Phillips Esq. and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 6 years ago.
Sorry that I accepted the charge late. Thank you very much. Could you kindly answer my unanswered question now? Once again, thank you very much!
Expert:  Phillips Esq. replied 6 years ago.

 

 

Thanks a lot. On the first element of defamation, to prove that a defamatory statement (the Defendant stated the Plaintiff defrauded the creditors) was made against Plaintiff, does the Plaintiff have to prove that he didn't defraud his creditors?

 

Response: Yes.

 

Doesn't the Defendant need to prove that the Plaintiff indeed committed a fraud?

 

Response: No, the burden of proof is on the Plaintiff, the one who is bringing the defamation suit. See the elements of defamation again. The Plaintiff has to prove all the elements of defamation in order to prevail.

 

 

Customer: replied 6 years ago.
Thanks a lot!

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