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Thread: Couldn't Happen to a Nicer Guy, At Least a More Deserving One

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    Default Couldn't Happen to a Nicer Guy, At Least a More Deserving One

    "Give pearls away and rubies but keep your fancy free."

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    I doubt that he can discharge the verdict award in bankruptcy.
    "Conservatism is the blind and fear-filled worship of dead radicals." -- Mark Twain

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    Yeah, that's a good question. The general rule is that bankruptcy will discharge the debt unless the jury found Jones' conduct was done with intent to cause injury. Article doesn't go into that and I don't recall what the jury found on malice, which is a step beyond the minimum finding of deliberate lying.
    "Give pearls away and rubies but keep your fancy free."

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    Quote Originally Posted by ThatOwlWoman View Post
    I doubt that he can discharge the verdict award in bankruptcy.
    He probably can actually. Student loan, no. Debt arising from court decision, yes.

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    Quote Originally Posted by T. A. Gardner View Post
    He probably can actually. Student loan, no. Debt arising from court decision, yes.
    Maybe not. If the money owed is due to a punishment, it is not dischargeable in Chap. 7. I don't know about the others. Didn't he file a Chap. 11?

    https://www.nolo.com/legal-encyclope...urt-fines.html
    "Conservatism is the blind and fear-filled worship of dead radicals." -- Mark Twain

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    Quote Originally Posted by ThatOwlWoman View Post
    Maybe not. If the money owed is due to a punishment, it is not dischargeable in Chap. 7. I don't know about the others. Didn't he file a Chap. 11?

    https://www.nolo.com/legal-encyclope...urt-fines.html
    It wouldn't be punishment for a crime. What you are talking about is money the court orders paid in restitution for (normally) criminal acts. Civil suits and the money owed on them are dischargeable.

    I don't know what kind of bankruptcy he filed. I would assume it is a business one rather than personal, unless the civil suit was about personal liability.

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    Quote Originally Posted by T. A. Gardner View Post
    He probably can actually. Student loan, no. Debt arising from court decision, yes.
    If the jury found Jones acted with malice in making its damage award, the debt would NOT be discharged by bankruptcy. The other nice part of this is Jones now is at the mercy of the Trustee who can examine every nook and
    cranny of his finances while having Jones under oath.
    "Give pearls away and rubies but keep your fancy free."

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