Legal Question in Bankruptcy in Louisiana

Civil Lawsuit and Bankruptcy

Since my son (age 15) was ''convicted'' of vandilizing/intentional damage to property in 2003 (age 14), the plaintiff's attny has substantial evidence for the Civil claim against me. Some sort of award is fairly certain there. Just how much remains to be seen. I am already on a tight budget.

According to Federal Law as I understand, this debt is not gonna be dischargeable in Bankruptcy. Because the debt arises as the result of a criminal act, it cannot be discharged. OK so my son was convicted as a minor and when his case was sentenced/over a new Civil Lawsuit was filed against my dh and I.

So here is my question:

Since it was NOT me who committed the criminal act, could a civil judgement against me be discharged making the debt dischargeable debt? This is still a grey area that I am needing some help. I don't understand what I just said!

IF not then (for financial reasons) will possibly force me to file chapter 7 and then I stand to lose everything.

My insurance has just filed a Motion of Summary Judgment and my current lawyer (paid for by my insurance) will no longer be representing me if that motion is granted. Have any suggestions on how I handle this?

Any information that you could give would be very helpfull.


Asked on 6/22/06, 6:18 pm

2 Answers from Attorneys
Robert Louque The Louque Law Firm, L.L.C.

Re: Civil Lawsuit and Bankruptcy

You should speak to a qualified bankruptcy attorney as soon as possible. Not everyone loses everything in a Chapter 7 Bankruptcy. Quiet often, a debtor can keep most of his assets. It really depends on the circumstances. If a Chapter 7 is not feasible, there are other options.

Whether you debt is discharged also depends on various circumstances. Your bankruptcy attorney should discuss all these issues with you.

I advise you to call an attorney as soon as you can.

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Answered on 6/22/06, 6:30 pm
Carolyn Patrick Law Office of Carolyn Patrick

Re: Civil Lawsuit and Bankruptcy

The bankruptcy law about discharge which concerns you says that there is no discharge available for "willful and malicious injury by the debtor to another entity or to the property of another entity." I believe that the debt owed as a result of vandalism by your son is probably dischargeable as to you. It may take a special procedure in bankruptcy court called an "adversary proceeding" for the court to make that determination. This would mean extra attorney fees for the handling of such a procedure, but I believe you can discharge the debt. Of course, there is no guarantee, and you might end up with a nondischargeable debt, but I believe the chances of that are small. You should contact a bankruptcy attorney to discuss the matter.

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Answered on 6/23/06, 12:52 pm


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