Legal Question in Bankruptcy in California

Bankruptcy and Civil Judgement

I had a physical altercation with my now ex-partner where he was cut in the face as a result a the glass I threw on the floor which shattered sending a piece of glass at him. He pressed criminal charges and has now filed a Civil Suit against me for more med bills and pain and suffering. During Mediation they woudldn't go under $50k. I am single/don't have any assets and am up to my ears in dept from lawyers fees. I now find myself in the position of defending myself in the civil trial due I can no longer afford a lawyer. If I should lose the case and have a judgement against me for the amount, will a bankruptcy dimiss the judgement? If it does dismiss the judgement is it permanent? This due the opposing attorney said Bankruptcy wond protect me. I only make 30k a year and the 50k would take me years of my life to pay. I have a pretty strong case however due to the mature of all the circumstances involved in the incident, however there is the posibility I may lose. Thanks for you advise.

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Asked on 4/26/06, 4:32 pm

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Bankruptcy and Civil Judgement

Yes, you should be able to discharge the debts owed to your attorney and the civil judgment from your ex-partner. However, if your ex-partner can prove that the injury to him was both willfully AND maliciously caused by you, then it could be found non-dischargeable. But from the facts you provided, it sounds like the injury to him was accidental. You do not need to wait for the judgment in order to be protected from it by bankruptcy, although you can if you wish. Please visit my webpage at http://www.bklaw.com/consult/ if you would like to schedule a free phone consultation and go over your situation.

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Answered on 4/26/06, 5:28 pm


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