Judgement for Intentional Act Injury Dischargable?

[MichiganPatriot]

Is a money judgement stemming from an intentional injury dischargable in bankruptcy court?

I was assaulted about 1 1/2 years ago and I am now suing the assailant for damages.

Origonally, he was charged with a felony, but I agreed to a misdemeanor as a plea agreement in criminal court. However, I am scarred above the neck because of this intentional act, to which he plead guilty.

If I am awarded damages in civil court, and because it was an intentional act, can the defendant have the award discharged in bankruptcy court, or is it non-dischargable because it was intentional.

I was told that it is non-dischargable, but I want another opinion.

[HHM]

Incidently, why would it have been up to you whether he was charged with a felony or misdemeanor?

However, I believe the judgment would be non-dischargeable, but I don't have the BK statute in front of me.

[MichiganPatriot]

Why would it have been up to me whether he were charged with a felony or a misdemeanor? I didn't say that. I said: "[H]e was charged with a felony, but I agreed to a misdemeanor as a plea agreement." The prosecutor gave the decision to me to make. I am also a police officer in the jurisdiction in which the incident occured, though it happened while I was off duty.

There was enough evidence to convict on "Assault with intent to Maim," and "Assault with Intent to do Great Bodily harm Less Than Murder," since it was a human bite.

Thanks for your input. If you happen to see the statute, or know the general USC number, I could try to look it up, but since I'm unfamiliar with BK code, I have no idea where to begin looking.

[HHM]

Well, the section of the BK code that talks about dischargability is 11 USC 523, Exceptions to Discharge.

My guess is your circumstances would be covered by 11 USC 523(6)
"for the willful and malicious injury by the debtor to another entity or to the property of another entity."

Just know, that the BK court will have their own definition as to what a willful and malicious injury is, so whether your particular situation will fall under this section will not be dependant on the outcome of the civil or criminal case in your state.

[MichiganPatriot]

Thanks so much for your input. I am obviously not an attorney, but in my field, and through my law classes, and knowing the case/knowing the details in the criminal court transcript, my limited experience tells me that it would likely be denied discharge.

QUESTION: In civil court, should I ask my attorney to request from the court a stipulation that I be named in any future bankruptcy (re: defendant) hearing as a "creditor," (or other term) that signifies me as being owed judgement monies so that I may be notified of a BK during the collection period?

[BrokeCh7]

Wait a Min. MichiganPatriot. It is not your responcibility to make sure you are listed in the BK. If you have a judgment and are not listed then your judgment will not be discharged in the bk.

You only want to make sure the judgment has a current address and the person who is served the judgment knows it. They will need to list you as a crediter to include you in a bk and the court will send you the date of the 341 meeting. You could also watch pacer.com to see if the person files bk and dose not inform you (gave the court a wrong address etc) via the court.

good luck