Hello and thank you for allowing me the opportunity to assist you.
Q: How do I protect my interests so the civil suit is not subject to bankruptcy?
A: If you sue them for battery and win, then the judgment would not be discharged in bankruptcy because of Section 523(a)(6) of the Bankruptcy Code
, which provides that willful or malicious injuries are not dischargeable. However, if you were to merely win a judgment for negligence instead of battery, then the judgment would be dischargeable because of the lack of intent by the defendants.
Q: What does that statement need to say to protect me that a civil judgment against them is collectible regardless of them filing bankruptcy?
A: I would want the statement to say that they purposely intended to jerk your neck and bash your head. They don't need to go so far as to admit that they intended to cause the injury. Intending to do the act which caused the injury is sufficient since they would have reasonably known that some injury was likely regardless of the extent of the injury. If they admit that, and you sue them win a judgment for battery, then that judgment should not be discharged.
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Thank you and good luck!