How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 37951
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
10097515
Type Your Bankruptcy Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

i have obtained a civil judgment vs a person

Resolved Question:

i have obtained a civil judgment vs a person who has now filed a chapter 13 action the debtor accused me of an assault and filed a criminal complaint vs me we went to court and the case was dismissed after the debtor admitted that his statement to the police was wrong i had to hire a lawyer the case was in the paper and was an embassment
i sued the debtor for mailicious prosecution and won a judgmnet for 40/000
thousand dollars the ct wanted to know if i also wanted punitive damages but the 40 k was allright by me can this obligation be discharged the ct found that the actions were malicious and intentional
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 6 years ago.

Under Bankr. Code 523(c)(1), the creditor (you) must file a proof of claim, followed by filing an adversary proceeding and prove to the bankruptcy court that the debt was in fact found to be the result of a "willful and malicious" injury. If you do so, then the debt will be nondischargeable under Bankr. Code §523(a)(6). Otherwise, the debt will be discharged.

 

Hope this helps.

 

NOTICE: Due to overwhelming customer demand for my time, I am forced to limit our correspondence to only one follow-up question per session. If you are on a justanswer.com subscription plan, this does not prevent you from asking new questions for the same subscription fee. It only means that you must open a new question to continue our conversation. You are welcome to open a new question on the justanswer.com Homepage and preface it with my userid: “To Socrateaser.”


Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.

socrateaser and other Bankruptcy Law Specialists are ready to help you

Related Bankruptcy Law Questions