QUESTION

Does Chapter 13 bankruptcy protect a debtor from civil liability in an assault case?

Asked on Nov 10th, 2020 on Civil Litigation - Georgia
More details to this question:
My son was assaulted and had to go to the emergency room where he received 15 staples to close the lacerations on his scalp. He filed a civil suit in Magistrate court in Georgia. The person that assaulted him filed Ch. 13 bankruptcy, whereupon the Magistrate cancelled the civil suit. Is that legal?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Teh claim is not "cancelled", it just has to be pursued in the bankruptcy proceeding instead of the civil court.
Answered on Nov 10th, 2020 at 8:16 AM

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