QUESTION
Can I discharge a civil suit judgment for simple assault in bankruptcy?
Asked on Jul 15th, 2017 on Bankruptcy - Colorado
4 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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It depends on the type of the assault. If it was intentional, it can't be discharged. But if it was merely reckless, it will be discharged.
Answered on Jul 18th, 2017 at 8:28 PM
Unlikely as 11 USC sec 523 excludes the right to discharge debts relating to intentional harm to another.
Answered on Jul 17th, 2017 at 2:29 PM
Maybe. A lawyer would have to look at the docs.
Answered on Jul 17th, 2017 at 2:28 PM
1 Award
It is unlikely you will be able to discharge this claim. There is an exception in bankruptcy for "willful and malicious injury by the debtor to another entity or to the property of another entity". I don't know the facts of the assault but it would probably fit into this exception.
Answered on Jul 17th, 2017 at 2:28 PM