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Will filing chapter 13 discharge a law suit or a judgment

Will filing chapter 13 discharge a law suit or a judgment
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Answered in 19 minutes by:
5/13/2013
socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39,498
Experience: Attorney and Real Estate Broker -- Retired
Verified
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.
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Customer reply replied 4 years ago
What is breach of fiduciary
Customer reply replied 4 years ago
What is breach of fidcuary
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.
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Customer reply replied 4 years ago
Sorry I did rate your service would a confidentialty breach be able to be be discharger
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.
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Customer reply replied 4 years 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
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.
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Customer reply replied 4 years 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
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.
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Customer reply replied 4 years ago
So if I were to get sued can I get protection thought chapter 13 bankruptcy
Assuming that the franchisor is unable to show that your conduct was intended to misappropriate confidential information, then "yes."

Hope this helps.
socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39,498
Experience: Attorney and Real Estate Broker -- Retired
Verified
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socrateaser
socrateaser
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Category: Bankruptcy Law
Satisfied Customers: 39,498
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