Legal Question in Bankruptcy in California

Opposing party received a 350,000 judgment (after appeal) for emotional distress. Not intentional infliction of emotional distress, just the distress. Both the arb award and the transcript have no mention of intentional. I, of course. maintain that I did not intend to cause the distress, that it was just the result of the activity I apparently engaged in. I need to go BK on this judgment, as well as on about 100,000 in credit card debt.

Opposing party would most certainly file an Adversary Complaint. How close will the trustee look at the originating complaint, or will he?


Asked on 2/04/11, 7:37 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

More than likely, if you file a Chapter 7 bankruptcy, the trustee wouldn't care about what the complaint said. If the adversary complaint were to be filed, then the court would determine whether or not it was intentional, based upon what the original complaint said and the statement of decision (if any) and/or the verdict and judgment, plus any other evidence submitted by both sides.

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Answered on 2/05/11, 2:57 am


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