9/21/2015 Can a defamation case be discharged in backruptcy court? ­ Avvo.com

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Can a defamation case bedischarged in backruptcy court?

Filed under: Bankruptcy (/topics/bankruptcy) Debt (/topics/debt)

Debt discharge (/topics/debt-discharge)

Bankruptcy and debt (/topics/bankruptcy-and-debt)

Personal injury and defamation (/topics/personal-injury-and-defamation)

Lawsuits and disputes (/topics/lawsuits-and-disputes)

I have been accused of internet libel against an

individual, who has threatened a lawsuit. While

research seems to suggest that libel/slander cases are

rarely pursued and/or successfully proved by plaintiff

and that truth in the statement is an absolute defense

(which in this case the statement was truthful and well

known in the local community), I’m obviously still

interested in what happens in the unimaginable event

that the individual were able to garner a judgment. If a

judgment were to be awarded, could it be discharged

under any circumstances, such as a bankruptcy? This

is assuming that parties reside in different states (CA

and TX).

San Jose, CA | on Jul 5, 2013

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9/21/2015 Can a defamation case be discharged in backruptcy court? ­ Avvo.com

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Attorney Answers 4

(/attorneys/90802-

ca-

michael-

cernyar-

65576.html)

Michael Kevin Cernyar (/attorneys/90802-ca-

michael-cernyar-65576.html)

Criminal Defense Attorney

Long Beach, CA CA licensed

Posted on Jul 6, 2013

This is a great bankruptcy question. I will place you in the

bankruptcy area. Good luck.

The response above is not intended as legal advice since it’s impracticable

to provide thorough, accurate advice based upon the query without

additional details. It is highly recommended that one should seek advice

from a criminal defense attorney licensed in your jurisdiction by setting up a

confidential meeting. Moreover, this response does not constitute the

creation of an attorney-client relationship since this message is not a

confidential communication because it was posted on a public website,

thereby publicly disclosing the information, which is another reason to setup

a confidential meeting with an attorney.

Mark as helpful (/content_votes/answers/2637643/vote)

1 found this helpful

3 lawyers agree

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(/attorneys/89135-

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randazza-

1269075.html)

Marc John Randazza (/attorneys/89135-nv-marc-

randazza-1269075.html)

Intellectual Property Law Attorney

Las Vegas, NV CA licensed

Posted on Jul 6, 2013

Intentional torts are usually not dischargeable.

Mark as helpful (/content_votes/answers/2637921/vote)

9/21/2015 Can a defamation case be discharged in backruptcy court? ­ Avvo.com

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1 found this helpful

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(/attorneys/90017-

ca-

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bordeaux-

127769.html)

Cli ord Sculley Bordeaux (/attorneys/90017-ca-

cli ord-bordeaux-127769.html)

Bankruptcy Attorney

Los Angeles, CA CA licensed

Posted on Jul 6, 2013

Section 523(a)(6) of the bankruptcy code makes debts

nondischargeable if they arise from "willful and malicious injury by

the debtor to another entity or to the property of another entity."

However, Section 523(c) of the bankruptcy code specifies that

such debts will be discharged unless the creditor files a timely

complaint within the bankruptcy case in order to prove that the

alleged injury arose from the willful and malicious conduct of the

debtor. It can cost tens of...

More

Doug Allen Bernacchi (/attorneys/46361-in-doug-

bernacchi-4402852.html)

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Lawsuits and disputes topics

Bankruptcy and debt (/topics/bankruptcy-and-debt)

Debt (/topics/debt)

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(/attorneys/46361-

in-doug-

bernacchi-

4402852.html)

bernacchi-4402852.html)

Chapter 13 Bankruptcy Attorney

Michigan City, IN

Posted on Jul 6, 2013

Here are my initial thoughts: Under chapter 7, Section 523

(subsection omitted) may bar discharge depending on the

maliciousness of the liable. List the debt as disputed on Schedule

F or simply add the threatening party as an interested party on the

Matrix. The claim is not liquidated. Chapter 13 still offers to some

degree a super discharge. There is no 523 non-dischargeabilitity

issue here if you find that 13 fits your other issues better. Good luck

and seek...

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