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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I am getting ready to file a Chapter 13 due to a predatory

Customer Question

I am getting ready to file a Chapter 13 due to a predatory former employer and his attorney getting civil case judgements against me and potential attorney fees for a total of approximately $250K. Enough said there but the key point is that they are out for blood and will I need to make sure I have a solid Chapter 13 case where they can't claim fraudulent activity. Although the Jury ruled against me on all 3 judgements (Faithless Servent, Trade Secret Violation, Breach of Contract), they ruled 8-0 in my favor that it was not willful and malicious.

My Bankruptcy Attorney reviewed the case and said it looks clean from a Chapter 13 perspective but I want to make sure there are not holes and if there are, how can we prepare to defend them. My attorneys are shocked by the judgements but what they don't understand is that they misled me and did a horrible job litigating. Now I have to make the best of it and preserve whatever asset I can preserve.

I would like to send the judgement to you for review to get your opinion.

Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Fran-mod replied 3 years ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Expert:  cfortunato replied 3 years ago.
Hi - my name is Chris and I'm a Bankruptcy attorney here to assist you.

It is not possible for you to send the judgment for someone to look at. However, I can tell you that if the claim is not based on "false pretenses, a false representation, or actual fraud", and if the judgment was not based on a claim that was for "willful and malicious injury", then the judgment can be discharged in a Bankruptcy.
Bankruptcy Stat. 523(a)(2)(A), (a)(6).

I think this is what you wanted to know. If not, please let me know.
Thank you.

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