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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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if i am sued under tort law and the court awards a judgement

Resolved Question:

if i am sued under tort law and the court awards a judgement to plaintiff, would i be able to discharge the the judgement in a personal bankruptcy case?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 7 years ago.


It depends on the tort involved. What are you being sued for?

Customer: replied 7 years ago.

I am in a unique situation. An employee is attempting to sue me for sexual harassment. The claims are ridiculous. My attorney advised her attorney that they could not bring a sexual harassment claim because of the law in Florida ( title 7) that sates you must employ more than 15 people, which I don't. The attorney then filed a claim under tort law using a personal injury attorney.

They are stating, assault and battery, IIed, negligent retention, false imprisonment. All a far stretch but the employee is making some outrageous claims.


Let me know if this helps

Expert:  cfortunato replied 7 years ago.

Most judgments are dischargeable in a Bankruptcy .

The relevant exception - in your case - would be a judgment that was obtained "for willful and malicious injury by the debtor", which would not be dischargeable. Bankruptcy Statute 523(a)(6).

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