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My husband got a sexual battery charge over 5 years ago and was sued for 'damages, loss of wages, lawyer fees, ect'. He lost the case and owes $450,000 and we have no way over EVER paying this money back. He is being garnished monthly for this. Can we file this out under bankruptcy?




Yes you can file. However, in the context of a Chapter 7 or 11 (you are over the debt limit for a Chapter 13), the creditor will be given a window of opportunity to file a complaint under 11 USC 523, asking the Court to determine that the $450k debt be non-dischargeable. If the complaint is timely filed it is a certainty that the Court will determine the debt to be non-dischargeable based upon 523(a)(6) - willful and malicious injury. If the deadline passes without the filing of the complaint, the civil obligation will be discharged. IMO it is unlikely that the injured party will miss the deadline.

Des.

Sub: #1 posted on Fri, 01/20/2012 - 17:56

despritfreya despritfreya

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