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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15868
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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Can punitive damages awarded from an intentional Act of battery

Resolved Question:

Can punitive damages awarded from an intentional Act of battery be discharged through bankruptcy?
Submitted: 9 months ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 9 months ago.

WALLSTREETESQ :

how much was the award?

WALLSTREETESQ :

This is a complex area of law,

WALLSTREETESQ :

punitive damages for intentional torts can be discharged, however,

WALLSTREETESQ :

depending on the circumstances of the lawsuit,

WALLSTREETESQ :

and whether the Bankruptcy court finds that the original civil suit

WALLSTREETESQ :

can be discharged,

WALLSTREETESQ :

Under the bankruptcy law, an intentional tort can be discharged,

WALLSTREETESQ :

unless the facts find that the debtor acted willfull and malicious

Customer:

I am trying to settle out of court. I was punched in the face by my ex brother in law. He plead guilty in a criminal case. I sustained a concussion. He intentionally drove 15 miles to my house to do this.

Customer:

I would say willful and malicious for sure. Malice with forthought.

WALLSTREETESQ :

In that case, punitive damages in most cases would not be discharged, and

WALLSTREETESQ :

you should argue against his discharge if he files bankruptcy

Customer:

What could his attorney argue?

WALLSTREETESQ :

He would have to argue that his actions were by accident and not intentional, it would be hard

WALLSTREETESQ :

Section 523(a)(6) exempts from discharge all debts "for willful and malicious injury by the debtor to another entity or to the property of another entity."Broken down into its component elements, Section 523(a)(6) focuses on three significant points: the act subject of the discharge must be willful; the act must be malicious; and the act must be intended to result in an injury. The injury element is the most straightforward and most broad element of the three, resulting in little need for judicial interpretation. It includes physical injury in tort as well as conversion of property.However, the application of the willful and malicious component in Section 523 (a)(6) is not so straightforward and thus frequently subject to the scrutiny of the bankruptcy court, who acts as both judge and jury throughout the process.

WALLSTREETESQ :

He would have a hard time getting the damages dismissed in a bankruptcy court,

WALLSTREETESQ :

and you need to make sure that you appear in bankruptcy court to oppose his asking for a discharge,

Customer:

He is using as his defense the fact that 3 months earlier I was charged with domestic battery against his sister. She in fact hit and clawed me causing facial lacerations. I took the deal because I had alcohol in my system. I judt tried to keep her off of me.

Customer:

Ain't divorce grand?

WALLSTREETESQ :

that would not matter,

WALLSTREETESQ :

if he plead guilty he admitted guilt, and if a Court awards you damages and he is found to have acted intentionally and willfully he would not be able to discharge the debt

Customer:

Thank You Very much!

WALLSTREETESQ :

Good luck, and if satisfied with our service please provide us with positive feedback, thank you

WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15868
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and 2 other Bankruptcy Law Specialists are ready to help you

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