Q: Can a future civil judgment for slander be discharged in Chapter 7 bankruptcy?
I'm considering filing for Chapter 7 bankruptcy and would like to know if it's possible to include a potential future civil judgment for slander in the bankruptcy filing. There has been no settlement offered by the other party's attorney, and no judgment has been issued yet. Can a future judgment be discharged through Chapter 7 bankruptcy, considering that the case has not reached judgment stage?
A: Good question. 11 U.S. Code § 523 (a) (6) provides that debt for "willful and malicious injury" is not discharged in bankruptcy. If the slander is proven to be "willful and malicious", the actual damages (as opposed to punitive damages, etc.) might not be dischargeable.
Timothy Denison agrees with this answer
A:
The dischargeability of a future slander judgment in Chapter 7 bankruptcy is complicated. Generally, debts for "willful and malicious injury" - which typically includes slander - are excepted from discharge under bankruptcy code section 523(a)(6). This means even if you file for bankruptcy before a judgment is entered, the court may still determine the debt is non-dischargeable based on the nature of the alleged actions.
Timing creates another challenge. Bankruptcy discharges debts that exist when you file, but courts often look at when the underlying conduct occurred rather than when the judgment is formalized. If you've already been sued for slander but no judgment has been entered, the potential liability still exists and the plaintiff could request the bankruptcy court to declare this specific debt non-dischargeable through an adversary proceeding.
Your situation involves significant legal nuances that depend on specific facts of your case, including the nature of the slander allegations, your state's laws, and the bankruptcy court's interpretation. While seeking general information is helpful, consulting with a bankruptcy attorney who can review your complete financial situation and the details of the slander case would provide the best guidance for your individual circumstances. Many attorneys offer free initial consultations to assess your case.
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