Legal Question in Civil Litigation in Kentucky

Can my debt be exempted from debtor's bankruptcy petition?

I leased a house to an individual who allowed multiple residents to do $25,000 of damage, and then terminated his lease (there were 8 months to go on the lease). I was awarded judgement against him for the full amount, but he then filed for bankruptcy. My claim is the only personal claim listed. Can it be exempted from the bankruptcy, so that I can still reclaim at least a portion of the resulting damages to the property? Also, I garnisheed his wages, but received only 3 weekly payments ($475) prior to the filing of the bankruptcy petition. Thank you.


Asked on 3/07/05, 6:31 pm

1 Answer from Attorneys
E. Brian Davis Davis Law Office

Re: Can my debt be exempted from debtor's bankruptcy petition?

Some claims cannot be discharged. For example, claims based on "wilful or malicious" damage to property may not be discharged.

Unfortunately, to keep that claim from being discharged, you must file an "adversary proceeding" in the bankruptcy, which is essentially a whole new lawsuit. The bankruptcy judge will hear the case and decide whether the claim is dischargeable or not.

There are strict (and short) deadlines for filing such actions, so you need to act quickly if you want to pursue it.

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Answered on 3/07/05, 6:38 pm


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