We Get Questions
Posted: Wed Jan 28, 2009 9:25 am
New 523 application to Ch 13 makes "semi-super" discharge only applicable to
property damage - not personal injury. Not discharged in Ch 13.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
J.L. Greifendorff
Sent: Saturday, January 24, 2009 7:57 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] We Get Questions
I liked this one from a buddy in NoCal so I thought I'd share, after
appropriate redaction. My question -- was this a bar fight over
homeowner's insurance?
Hello, John.
I have a client who got in a fight in a bar. He was arrested and pled
to a misdemeanor assault. Now, he is being sued civilly for battery,
which he committed. He is broke. I'm pondering what will happen if he
makes an offer of judgment, or if a judgment is entered against him.
The complaint has a cause of action for battery, and also for
negligence (a futile attempt to provide homeowner's coverage).
Now, as I understand it, even if the judgment is unclear as to its
basis (battery or negligence), he can file a complaint to bar discharge and establish the
nature of the debt in the bankruptcy proceeding. So, he can't get a
discharge generally speaking. (is that true of a punitive damages
portion of a judgment, as well as the special/general damages portion?)
But I understand there is something called the "Super Discharge" under
Ch 13. Does that provide an alternative? My guess is "no" you
can't discharge a judgment for an intentional tort.
Feel free to opine, but I post it just for the fun.
john greifendorff
attorney at law
714-586-9344
Message
New 523 application to Ch
13 makes "semi-super" discharge only applicable to property damage - not
personal injury. Not discharged in Ch 13.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.