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Canadefamationcasebedischargedinbackruptcycourt?Avvo.com

Can a defamation case be

discharged in backruptcy court?
San Jose, CA | on Jul 5, 2013

Filed under: Bankruptcy (/topics/bankruptcy)

Debt (/topics/debt)

Debt discharge (/topics/debt-discharge)

Bankruptcy and debt (/topics/bankruptcy-and-debt)
Personal injury and defamation (/topics/personal-injury-and-defamation)
Lawsuits and disputes (/topics/lawsuits-and-disputes)

I have been accused of internet libel against an

individual, who has threatened a lawsuit. While
research seems to suggest that libel/slander cases are
rarely pursued and/or successfully proved by plainti
and that truth in the statement is an absolute defense
(which in this case the statement was truthful and well
known in the local community), Im obviously still
interested in what happens in the unimaginable event
that the individual were able to garner a judgment. If a
judgment were to be awarded, could it be discharged
under any circumstances, such as a bankruptcy? This
is assuming that parties reside in dierent states (CA
and TX).
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Attorney Answers

Michael Kevin Cernyar (/attorneys/90802-camichael-cernyar-65576.html)

Criminal Defense Attorney
Long Beach, CA
CA licensed

(/attorneys/90802camichaelcernyar65576.html)

Posted on Jul 6, 2013

This is a great bankruptcy question. I will place you in the

bankruptcy area. Good luck.
The response above is not intended as legal advice since its impracticable
to provide thorough, accurate advice based upon the query without
additional details. It is highly recommended that one should seek advice
from a criminal defense attorney licensed in your jurisdiction by setting up a
condential meeting. Moreover, this response does not constitute the
creation of an attorney-client relationship since this message is not a
condential communication because it was posted on a public website,
thereby publicly disclosing the information, which is another reason to setup
a condential meeting with an attorney.
Mark as helpful (/content_votes/answers/2637643/vote)
1 found this helpful
3 lawyers agree

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Marc John Randazza (/attorneys/89135-nv-marcrandazza-1269075.html)

Intellectual Property Law Attorney
Las Vegas, NV
CA licensed

(/attorneys/89135nv-marcrandazza1269075.html)

Posted on Jul 6, 2013

Intentional torts are usually not dischargeable.

Mark as helpful (/content_votes/answers/2637921/vote)
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4 lawyers agree

Cli ord Sculley Bordeaux (/attorneys/90017-cacli ord-bordeaux-127769.html)

Bankruptcy Attorney
Los Angeles, CA

(/attorneys/90017-

CA licensed

cacliordbordeaux127769.html)
Posted on Jul 6, 2013

Section 523(a)(6) of the bankruptcy code makes debts

nondischargeable if they arise from "willful and malicious injury by
the debtor to another entity or to the property of another entity."
However, Section 523(c) of the bankruptcy code species that
such debts will be discharged unless the creditor les a timely
complaint within the bankruptcy case in order to prove that the
alleged injury arose from the willful and malicious conduct of the
debtor. It can cost tens of...
More

Doug Allen Bernacchi (/attorneys/46361-in-dougbernacchi-4402852.html)

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bernacchi-4402852.html)
Chapter 13 Bankruptcy Attorney
Michigan City, IN

(/attorneys/46361in-dougbernacchi4402852.html)

Posted on Jul 6, 2013

Here are my initial thoughts: Under chapter 7, Section 523

(subsection omitted) may bar discharge depending on the
maliciousness of the liable. List the debt as disputed on Schedule
F or simply add the threatening party as an interested party on the
Matrix. The claim is not liquidated. Chapter 13 still oers to some
degree a super discharge. There is no 523 non-dischargeabilitity
issue here if you nd that 13 ts your other issues better. Good luck
and seek...
More

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