QUESTION
Can a malicious prosecution lawsuit be discharged in chapter 13?
Asked on Apr 30th, 2013 on Bankruptcy - Florida
More details to this question:
Two days before my malicious prosecution lawsuit, the defendant filed chapter 13, putting a stop on my trial. Can malicious prosecution be discharged in chapter 13? If so, what do I do now? I already paid my civil attorney a lot of money and cannot afford a bankruptcy attorney.
5 ANSWERS
Bankruptcy Attorney serving Concord, CA
at
William Rubendall Attorney at Law
Update Your Profile
You will have to file a nondischargeability complaint in the bankruptcy case. Consult with an attorney.
Answered on May 02nd, 2013 at 3:02 AM
Bankruptcy Attorney serving Livonia, MI
at
Charles J. Schneider, P.C.
Update Your Profile
Yes it can be discharged if you do not hire a bankruptcy attorney to assert your rights in Bankruptcy Court.
Answered on May 02nd, 2013 at 12:36 AM
Bankruptcy Attorney serving Overland Park, KS
at
Wellman Law LLC
Update Your Profile
A malicious prosecution lawsuit may fall within the exception to discharge found in 11 USC 523(a)(6) that deals with "willful and malicious injury". Certain deadlines apply and the litigation would likely be too complex for most unrepresented people to successfully navigate so I recommend meeting with an attorney experienced in Bankruptcy matters.
Answered on May 02nd, 2013 at 12:03 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Speak with your present attorney, malicious prosecution in an intentional tort and not dischargeable. You will need to lift the automatic stay for the trial to go forward.
Answered on May 01st, 2013 at 10:14 PM
Bankruptcy Attorney serving Plantation, FL
at
Moffa & Breuer, PLLC
Update Your Profile
You need a bankruptcy attorney NOW.
Answered on May 01st, 2013 at 10:00 PM