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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39177
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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i have obtained a civil judgment vs a person

Resolved Question:

i have obtained a civil judgment vs a person who has now filed a chapter 13 action the debtor accused me of an assault and filed a criminal complaint vs me we went to court and the case was dismissed after the debtor admitted that his statement to the police was wrong i had to hire a lawyer the case was in the paper and was an embassment
i sued the debtor for mailicious prosecution and won a judgmnet for 40/000
thousand dollars the ct wanted to know if i also wanted punitive damages but the 40 k was allright by me can this obligation be discharged the ct found that the actions were malicious and intentional
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 7 years ago.

Under Bankr. Code 523(c)(1), the creditor (you) must file a proof of claim, followed by filing an adversary proceeding and prove to the bankruptcy court that the debt was in fact found to be the result of a "willful and malicious" injury. If you do so, then the debt will be nondischargeable under Bankr. Code §523(a)(6). Otherwise, the debt will be discharged.


Hope this helps.


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