Legal Question in Bankruptcy in Maryland

Discharge of Personal Injury Suit

My son was convicted of attempted 2nd degree murder for accidentally shooting 3 police officers that broke into an appartment where he was. (He didn't know the intruders were police). One of the officers sued him for the injury. Since he was incarcerated and without money, he was unable to defend himself. Can he discharge the judgement while incarcerated? i.e., Is the debt dischargeable and will he have to appear in person to file bankruptsy to discharge it if he is incarcerated?


Asked on 3/31/02, 5:20 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Discharge of Personal Injury Suit

The judgment is not dischargeable if it is for willful and malicious injury and the plaintiff objects to the discharge in a timely manner (and proves the willful and malicious nature of the injury). If the judgment and other debts are within the debt limits for Chapter 13, he can discharge it in a 13, but that requires monthly payments. Any court-ordered restitution is not dischargeable in either case. He can file while incarcerated, and should be able to appear by phone for his required appearance before the trustee.

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Answered on 3/31/02, 6:12 pm


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