Am I responsible for damages after bankruptcy? 12 Answers as of July 04, 2013

I was ordered to pay punitive damages in a suit filed against me before my chapter 13 filing. After my filing, amd I still resonsible for the damages?

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Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
If you have a judgment for money damages against you it will be discharged with one exception. The judgment creditor can file a lawsuit, called an adversary proceeding, based on fraud or intentional harm. In a situation where punitive damages were awarded you might expect this to happen.; One alternative might be to file chapter 13 to avoid an adversary proceeding.
Answer Applies to: California
Replied: 7/11/2011
Lake Forest Bankruptcy
Lake Forest Bankruptcy | Anerio V. Altman, Esq.
The punitive damages, if rendered in a judgment, now become part of the Creditor's claim in the Chapter 13 case. The real issue is whether the judgment in question now creates a non-dischargeable debt. If the debt is non-dischargeable then the entire debt must be paid during the Chapter 13 case. That will depend upon the nature of the debt itself.
Answer Applies to: California
Replied: 7/11/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
It sounds like you made the horrible mistake of filing without a lawyer as this would have been a key area your lawyer would have discussed. 11 USC 523 (a) (6) excepts the following from a discharge: a debt "for willful and malicious injury by the debtor to another entity or to the property of another entity". There is a myriad of case law as to what that means, and there are ways while the case is open to litigate this issue. It's complex and a lawyer is needed.
Answer Applies to: Georgia
Replied: 7/11/2011
Law Office of Maureen O' Malley
Law Office of Maureen O' Malley | Maureen O'Malley
Depends on what the punitives were for. If for fraud or intentional acts, they won't be discharged. Since it's a 13, you'll be paying it there.
Answer Applies to: Virginia
Replied: 7/11/2011
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
You could be. It depends on the Proof Of Claim filed by that creditor in the Chapter 13 and whether they seek to have the debt kept from being discharged.
Answer Applies to: California
Replied: 7/11/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Punitive damages are for fraud, malice or oppression. These are non-dischargeable in bankruptcy. Consult your lawyer for more.
    Answer Applies to: California
    Replied: 7/11/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Did they file a claim? Was the claim filed in the bankruptcy court on time? If the claim was filed on time it should have been dealt with in your plan.
    Answer Applies to: California
    Replied: 7/4/2013
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    Generally, if you received a discharge of your debt you will not be responsible for payment of the judgment unless the creditor files an adversary proceeding in the bankruptcy court and establishes that the debt is non-dischargable. Whether the creditor could successfully pursue such a case depends on the reason that you were ordered to pay punitive damages.
    Answer Applies to: Colorado
    Replied: 7/11/2011
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