Q: If a debtor files bankruptcy, what is the likelihood of my property damage judgement being non-dischargeable?
A roommate and I had a disagreement and he severely damaged my vehicle and home after making threats against me. He signed a promissory note before moving out and then avoided me. I won a judgement against him and he still refuses to pay anything. I am concerned that if/when I garnish his wages that he may file bankruptcy. If this happens, what would be the likelihood of making my debt non-dischargeable based on malicious intent of injury to property? Would fraud be a likely defense considering he never had intent to pay me back before signing the note? Would it be easy for him to file bankruptcy if I am his only real creditor? Is there any other defense that may be at my disposal?
A: It is impossible to accurately answer if your ex-roommate can file for bankruptcy without asking him a lot of questions about his income and expenses, liabilities and how long he has resided in Arizona. (the # of creditors is not really a limiting factor) However, your judgement against him will be presumed non dischargeable, unless in his hypothetical case, you file a motion to allege otherwise based on willful and malicious conduct per 11 U.S.C. §523(a)6. The fact that you already have a judgement for the alleged conduct may complicate matters and limit your case because your claims have been reduced to the judgement and if the judgement does not allege the intentional, willful and malicious nature of the conduct, you may be prevented from reasserting those claims in his bankruptcy case. Hope this helps. You may consider bringing in your judgement to an experienced Bankruptcy lawyer for a review.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
