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: 34390
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

Will filing chapter 13 discharge a law suit or a judgment

Resolved Question:

Will filing chapter 13 discharge a law suit or a judgment
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 1 year ago.
Hello,

If you fulfill the terms of the bankruptcy plan, then the Chapter 13 will discharge a lawsuit or judgment, unless the judgment is for a nondischargeable debt, i.e.:

Fraud
Breach of fiduciary
Alimony
Education loan
Personal injury due to driving under the influence

Hope this helps.
Customer: replied 1 year ago.
What is breach of fiduciary
Customer: replied 1 year ago.
What is breach of fidcuary
Expert:  socrateaser replied 1 year ago.
Hello again,

I was on a break. My apologies for the delay.

Breach of fiduciary is the misappropriation/taking of money or property by a person entrusted with that money or property. Example:

Real estate agent Smith accepts a deposit for a purchase offer from Smith's client. Smith takes a vacation in Vegas with the money, rather than depositing it in escrow as a down payment on the property. Smith's use of the property is a breach of fiduciary. It is also criminal embezzlement.

Hope this helps.
Customer: replied 1 year ago.
Sorry I did rate your service would a confidentialty breach be able to be be discharger
Expert:  socrateaser replied 1 year ago.
Damages caused by the breach of a duty of loyalty, by itself, is dischargeable in bankruptcy.

In order to become nondischargeable, the breach of loyalty must be accompanied by the misappropriation of money from the creditor, while in a position of an express trustee or fiduciary of the creditor's property. Breach of loyalty, for example, by an employee who happens to be in possession of information valuable to an employer, and who discloses that information to a third party, who then uses the information to create a competitive product, does not turn a claim into a nondischargeable debt under the bankruptcy.

Hope this helps.
Customer: replied 1 year ago.

Not sure i understand if I breached a confidentialty agreement pertains to something I did not benefit from just a verbal mistake. Here what happened I was released from a franchisor they breached my territory protection I made a mistake and revealed the breach to the person who was in my territory he may say he is e tilled to the same release if the franchisor wanted to sue me can bankruptcy protect me
Expert:  socrateaser replied 1 year ago.
The issue is whether or not you are found in either a state court judgment or a bankruptcy court adversary proceeding to have intentionally misappropriated a trade secret of the franchisor. If yes, then bankruptcy will not protect you. If the disclosure was inadvertent -- a mere "slip of the tongue," then the claim would be dischargeable in bankruptcy. See, e.g., In re Militare, Slip Copy 2011 WL(NNN) NNN-NNNN08-29284 MER, ADV 09-1132 (USBC D. Colo. 9/30/2011).

Hope this helps.
Customer: replied 1 year ago.
Last question it was a slip of the tongue can you give me example of a trade secret and I don't thing the distance breach between how far are two business are supposed to be from each other is a trade secret do u agree
Expert:  socrateaser replied 1 year ago.
Trade Secret: The recipe for CocaCola is the most famous trade secret in the world. Similarly, the recipe for Kentucky Fried Chicken. The methodology by which McDonald's chooses franchisees is an important trade secret.

Distance between franchise establishments is probably not a trade secret, because it can be discovered by simply plotting all franchise locations on a map and then measuring the distance between them.

However, the methodology of what the best minimum distance between franchise establishments is determined by the franchisor may be a valuable trade secret, because it may be based upon a statistical model comprised of customer demographics.

Hope this helps.
Customer: replied 1 year ago.
So if I were to get sued can I get protection thought chapter 13 bankruptcy
Expert:  socrateaser replied 1 year ago.
Assuming that the franchisor is unable to show that your conduct was intended to misappropriate confidential information, then "yes."

Hope this helps.
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34390
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and 3 other Bankruptcy Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.
 
 
 

Related Bankruptcy Law Questions