Legal Question in Bankruptcy in New York
Intentional Tort & bankruptsy
If a defendant is successfully sued for libel/ slander in New York, NY. If defendant declares Bankruptsy. Being that this is considered an intentional tort. Is this suit not dischargable in Bankruptsy. I have been told it can not be discharged.
1 Answer from Attorneys
Re: Intentional Tort & bankruptsy
The definitive answer is IT DEPENDS.
Intentional tort remediation debt is generally not dischargeable in bankruptcy, but exceptions to that statement do exist. If, for example, the debtor can show that s/he stands not a ghost of a chance of ever being able to even make future payments on the tort judgment, a bankruptcy court may allow the debt to discharge. It's a pretty high burden of proof, but if Debtor can make it stick then Debtor may be able to discharge that judgment.
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