Will a malpractice claim be discharged in bankruptcy? 15 Answers as of July 11, 2013

The judgment has not been made yet, I just filed for bankruptcy. What could happen to the claim?

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The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
That depends on what the basis of the malpractice claim is. In general, it should be dischargeable, but there are exceptions.
Answer Applies to: California
Replied: 6/24/2011
Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
State court actions move to the bankruptcy court. Malpractice can be discharged, as long as it was not fraudulent.
Answer Applies to: Michigan
Replied: 6/23/2011
Law Office of Maureen O' Malley
Law Office of Maureen O' Malley | Maureen O'Malley
Was the malpractice claim against you? Should be discharged, unless there was fraud or wilfulness. You should check with your lawyer.
Answer Applies to: Virginia
Replied: 6/23/2011
Law Offices of Alexzander C. J. Adams, P.C.
Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
Malpractice is a claim based in negligence. Absent other factors, this claim is dischargeable in bankruptcy.
Answer Applies to: Oregon
Replied: 6/23/2011
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
Since there is still no judgment it will not be discharged if it latter becomes a judgment. it must before the filing.
Answer Applies to: California
Replied: 6/23/2011
    Theodore N. Stapleton, PC
    Theodore N. Stapleton, PC | Theodore N. Stapleton
    It depends upon whether the judgment finds that the debtor committed a willful and malicious injury or fraud, if so then the debt will not be discharged.
    Answer Applies to: Georgia
    Replied: 6/23/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    That will be discharged. Take a deep breath of relief.
    Answer Applies to: California
    Replied: 6/23/2011
    Cartwright Law Firm
    Cartwright Law Firm | Andrea Cartwight
    If you are currently representing by counsel, you should contact them immediately and seek legal advice and make sure that the creditor is properly scheduled as a creditor in your bankruptcy. To answer that question properly, I would need more facts like what kind of malpractice case is it (i.e. legal or medical). The facts of the case would indicate whether it is dischargeable in bankruptcy. As a general rule simple negligence is dischargeable in bankruptcy. It is very important that the bankruptcy is file before any entry of judgment. However, in most negligent cases, the debt can be discharged even after entry of judgment. If you are not being represented by counsel, please feel free to contact me if you should have any further questions or concerns. I wish the best of luck in your bankruptcy case.
    Answer Applies to: Michigan
    Replied: 6/22/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Absent a showing of fraud or an intentional tort, it gets discharged like any other debt.
    Answer Applies to: California
    Replied: 6/22/2011
    Sariol Legal Center
    Sariol Legal Center | Frank R. Sariol
    Yes, a malpractice claim can be discharged in bankruptcy. However, there are certain cases where the Plaintiff's attorney in the malpractice case, could go into the Bankruptcy Court to try to have the judge declare the claim "non-dischargeable". He would have to file what is known as an "adversary proceeding" in order to litigate in BK Court. Thank you.
    Answer Applies to: California
    Replied: 6/22/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Malpractice is professional negligence. A claim for malpractice, based on mere negligence, is discharged in bankruptcy.
    Answer Applies to: California
    Replied: 6/22/2011
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