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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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if i am sued under tort law and the court awards a judgement

Resolved Question:

if i am sued under tort law and the court awards a judgement to plaintiff, would i be able to discharge the the judgement in a personal bankruptcy case?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 6 years ago.

Hi MATT,

It depends on the tort involved. What are you being sued for?

Customer: replied 6 years ago.

I am in a unique situation. An employee is attempting to sue me for sexual harassment. The claims are ridiculous. My attorney advised her attorney that they could not bring a sexual harassment claim because of the law in Florida ( title 7) that sates you must employ more than 15 people, which I don't. The attorney then filed a claim under tort law using a personal injury attorney.

They are stating, assault and battery, IIed, negligent retention, false imprisonment. All a far stretch but the employee is making some outrageous claims.

 

Let me know if this helps

Expert:  cfortunato replied 6 years ago.

Most judgments are dischargeable in a Bankruptcy .

The relevant exception - in your case - would be a judgment that was obtained "for willful and malicious injury by the debtor", which would not be dischargeable. Bankruptcy Statute 523(a)(6).

cfortunato and other Bankruptcy Law Specialists are ready to help you