Q: Can a default judgment for libel be discharged by bankruptcy in the State of Indiana?
I sued my ex-husband for libel and defamation in 2008 and recently was awarded $ in a default judgment. He insists that he can file bankruptcy and it will be discharged. My atty had no choice but to remove herself and the firm from the case when it was decided that he wasn't collectible. If he files for bankruptcy, how will I know?
A: if he files bankruptcy intending to discharge his indebtness to you (the defamation judgment), he has to list you in the BK petition and notify you in writing accordingly. i don't think he will be able to discharge it because it is an intentional tort as opposed to a negligent tort. regardless, if you get served with a copy of a bk notice you need to consult with a bk lawyer in your locale.
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