Legal Question in Bankruptcy in Virginia

Malicious prosecution judgement collection.

In Virginia can a bankruptcy discharge a judgement for malicious prosecution, and would a county public teacher's salary be exempt from garnishment in Virginia?

I know in Tennessee, where I live, a bankruptcy cannot discharge an intentional injury judgement, such as malicious prosecution, but I can't find any info on Virginia's rule.

I am considering suing someone in Tennessee, but the person lives in Virginia. It would be a waste of time if the judgement that I WILL win cannot be collected due to either of these issues. Thanks!


Asked on 7/23/04, 4:16 am

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

Re: Malicious prosecution judgement collection.

As to the bankruptcy discharge, it's the same everywhere: "willful and malicious" [NOTE THE CONJUNCTIVE "AND"] injury is not dischargeable, PROVIDED the creditor files and prevails on a Complaint Objecting to Dischargeability in the bankruptcy court. If such a proceeding is not timely filed, the debt is discharged.

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Answered on 7/23/04, 11:17 am


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