If I have a court case that’s in arbitration, can I have it discharged before the arbitration is finished? 10 Answers as of June 21, 2017

I was sued in court for defamation. My cross complaint was dismissed. It was then sent to arbitration. We are supposed to go to arbitration. I want to have it discharged through chapter 7 prior to that.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Benson Law Firm
Benson Law Firm | David Benson
It depends. The bankruptcy code provides that debts are not dischargeable if they are the result of "willful and malicious injury by the debtor to another entity or to the property of another entity." However, those debts will indeed be discharged if the creditor fails to file an adversary action. You should have an attorney help you with this.
Answer Applies to: Ohio
Replied: 6/21/2017
Stephens Gourley & Bywater | David A. Stephens
Yes, as long as the creditor does not object that it is an intentional tort.
Answer Applies to: Nevada
Replied: 6/13/2017
Ronald K. Nims LLC | Ronald K. Nims
Possibly, civil cases are generally dismissed and discharged in bankruptcy but not if the damage was caused intentionally. Was your defamation intentional?
Answer Applies to: Ohio
Replied: 6/13/2017
A Fresh Start
A Fresh Start | Dorothy G Bunce
Without seeing the exact wording of the complaint, I cannot be completely sure. Certainly you would be better off trying this before a court judgment is issued condemning you. For more information, read 11 USC sec 523.
Answer Applies to: Nevada
Replied: 6/13/2017
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Consult with local counsel. Bring the complaint with you. Some intentional conduct is not dischargeable, some conduct is discharged in a chapter 13 case.
Answer Applies to: California
Replied: 6/13/2017
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Yes. But they can still file an adversary proceeding in your Chapter 7 filing.
    Answer Applies to: Colorado
    Replied: 6/13/2017
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Defamation is a malicious injury to a person and it may not be discharged in a bankruptcy case.
    Answer Applies to: Michigan
    Replied: 6/13/2017
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Defamation is a tricky thing, and if it was intentional, then it would be one of the kinds of debt which is NOT discharged in bankruptcy. By filing your case, you get the benefits of the Automatic Stay, but your creditor can resume efforts to collect after the bankruptcy case is over (of course, he might know that intentional torts are not generally dischargeable.
    Answer Applies to: Wisconsin
    Replied: 6/13/2017
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Yes, this would be discharged.
    Answer Applies to: California
    Replied: 6/11/2017
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    You can file BUT they can request that the Bankruptcy Court let them return for the arbitration, or they can sue you within the bankruptcy to have the debt to them seem non dischargeable.
    Answer Applies to: New Jersey
    Replied: 6/11/2017
Click to View More Answers: