Legal Question in Bankruptcy in New York

Intentional Tort & bankruptsy

If a defendant is successfully sued for libel/ slander in New York, NY. If defendant declares Bankruptsy. Being that this is considered an intentional tort. Is this suit not dischargable in Bankruptsy. I have been told it can not be discharged.


Asked on 6/18/07, 10:05 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: Intentional Tort & bankruptsy

The definitive answer is IT DEPENDS.

Intentional tort remediation debt is generally not dischargeable in bankruptcy, but exceptions to that statement do exist. If, for example, the debtor can show that s/he stands not a ghost of a chance of ever being able to even make future payments on the tort judgment, a bankruptcy court may allow the debt to discharge. It's a pretty high burden of proof, but if Debtor can make it stick then Debtor may be able to discharge that judgment.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 7/02/07, 4:16 pm


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