Legal Question in Bankruptcy in California

Can a judgment for simple assault be discharged in bankruptcy?

Asked on 7/16/17, 3:46 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

A debt “for willful and malicious injury by the debtor to another entity or to the property of another entity. . .” is not dischargeable. 11 U.S.C. § 523(a)(6). However, the definition of "willful" has also been decided. There must have been an intentional act the purpose of which is to cause injury or is substantially certain to cause injury. Thus, it can't just be an act that leads to an injury, but the injury must have been intended. Reckless or negligent injury is not excepted from discharge. It all depends what is claimed in the case underlying the judgment and its proof accepted by the state court.

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Answered on 7/16/17, 5:29 pm

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