Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
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.
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.
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.
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?
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.