Legal Question in Bankruptcy in California

Copyright Infringement Bankruptcy

I am a young architect in San Diego. I bought a bulk of architectural software from a trade show years ago and until november 2006, I was selling them one by one on ebay...for very little profit. net profit of about $12k.

Wiley and Sons, the publisher...is now going after me for selling counterfeit goods and trafficking. i did due diligence in getting the cd-roms authenticated, i.e. you register them on line with Wiley, the vendor did a demo in front of a dozen people, and in 5 accounts Wiley's (the plaintiff) tech support staff has told me AND my buyers that they were official copies (I have email proof of this from Wiley)

I just started my own business before this happened and due to my diagnosed mental condition i have been unable to pull in any income for the last 6 months do to stress and panic attacks..because of this case. i have lost all my savings, my business, and bent over backwards to try and resolve this outside of a lawsuit.

they want treble damages of upwards of $500k! i have nothing and don't know what to do.

if a judgement is made against me in this, that I cant afford, will bankruptcy rid the debt?


Asked on 5/10/07, 1:45 pm

3 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Copyright Infringement Bankruptcy

Yes, if you are truly insolvent and can pass the new chapter 7 BK means test, judgments may also be included in your bankruptcy. In the meantime, you may want to strongly consider retaining legal counsel to negotiate with the publisher at issue.

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Answered on 5/10/07, 1:57 pm
Bryan Becker Stutz Artiano Shinoff & Holtz

Re: Copyright Infringement Bankruptcy

I am sorry to hear about your situation. You do not indicate whether an action was filed yet, however either way my office may be of assistance. Negotiation is usually an option; however you may have other valid legal defenses to consider. All things to consider before taking the significant step of bankruptcy.

I would be willing to discuss some of the issues concerning your case to see how I may be of assistance.

I offer prospective clients an initial consultation of 30 minutes for free.

I look forward to speaking with you.

Yours truly,

Bryan

Bryan C. Becker, Esq.

Principal

Law Office of Bryan C. Becker

The Koll Center

501 W. Broadway, Suite 800

San Diego, CA 92101

Toll Free: 877*201*8728

Direct: 619*400*4929

Fax: 619*400*4810

Member, National Association of Consumer Advocates

www.naca.net

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Answered on 5/10/07, 2:05 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Copyright Infringement Bankruptcy

Do you have an attorney? Proper handling should resolve this suit. Contact me direclty.

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Answered on 5/10/07, 8:58 pm


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