wilfull tort- per copy right violations?

[biotechsolution]

If you delete the listing and refund any transactions that are out there I can't imagine they will pursue it.

Why don't you cancel the transactions and refund transactions without letting them download the book?

You don't have the right to sell someone's work, why would you continue to sell a book you don't have rights to?

[car67]

How much did you make the sale of the ebook? How much money did you gain?

[justbroke]

Now, on top of all that, a little-known fact about chapter 13 is that some things that are not dischargeable in chapter 7 are dischargeable in chapter 13.

Long live the Super Discharge!

[jimmyz]

anykey-

what did you end up doing?

did you ignore the letter?

[Jengo]

Any, wow, dude, you shouldn't have done that. I'm not familiar with your entire situation but I do know of something that is called Judgment Proof. I saw that you are not employed and on social security at age 50. Are you disabled, permenantly disabled, etc.,etc? If you are, you may be judgment proof. If you are disabled, no income, social security, I wouldn't worry about it because of being protected from any judgments. Because even if it goes into default, there is nothing they can do to you because of it. BUT you may have to worry about the criminal aspects of it. I WOULD TALK WITH AN ATTORNEY RIGHT AWAY. Tell him what's going on, find out if you're Judgment Proof, and then take it from there. Look for free consult where you are.

http://en.wikipedia.org/wiki/Judgment_proof

[Jengo]

I didn't read this part. I hope he didn't do something silly because there's options for him.

So as a result- the grid should turn off my chip?

In effect- canceling the ability to pay the heat bill, electric- to own a car, a house, and this punishment extends beyond 7 years- for the entire rest of my life. So that I can not use a bank to pay bills- and the sheriff will auction off my furniture and personal effects. Forever.

Lifelong

maybe I could go on section 8 and have free public housing.

Not for 3 years - but for 99 years- or until I die.

Gosh- some murderers get out sooner then life.

Clearly property trumps human life.

Gosh- what a lovely world.

It would be easier to take a whole bottle of pills and carbon monoxide myself.

Serious crimes like this- should be forever- no statute of limitations.

But then this IS a product of the best and the brightest society that we become.

Who knew?

[anykey]

Where are you getting the "willful tort" is never dischargeable language? From that attorney's letter? That's not what the bankruptcy code says. You are reading WAY too much into it.

What the bankruptcy code doesany debt for willful and malicious injury by the debtor to another entity or to the property of another entity.potential debt. Not a debt. If my memory serves, this section only applies to actual injury. Punitives, statutory damages, attorney fees &c. don't fall within the definition of "injury". Unless you've been sued to judgment, an adversary proceeding would be needed to determine the amount of the actual debt for the actual damages --which, if you downloaded a book, would be <$1.

Now, on top of all that, a little-known fact about chapter 13 is that some things that are not dischargeable in chapter 7 areare dischargeable. That's true even if your plan ends up paying nothing to that creditor.

So, the actual damages involved here are miniscule. I believe (but I'd have to research it to be absolutely sure) that only the actual damages are nondischargeable in chapter 7. Even the actual damages are dischargeable in chapter 13.

Thank you. I appreciate it.

[anykey]

anykey,
It's our job to scare people into paying money to our clients for a claim our client says is valid and we have researched and looks legitimate. It's advocacy on the part of our client's interests. If the book says 'copyright' then you are put on notice that it is copyrighted and any distribution could be considered willful.
Having said that, if a client of mine wanted me to file a lawsuit against someone for copyright violation for selling a few e-books, and that person had just filed bankruptcy, I would advise that they not waste their time.
I have a case where we're suing a business for screwing my sole proprietor client out of about $40k in actual costs to remodel a leased location and then they wrongfully evicted them -and committed all kinds of fraud in the process. That one we're pursuing even through the businesses chapter 11 BK case. It's been strange being on the creditor side, but it's still a David v. Goliath type case that I like.

--William

Thank you. Your point is well taken.

[jimmyz]

This is intersting to say the least. Did you get a 2nd letter?

[Jengo]

Anykey, also remember that if you have very very little debt now and then you file for BK when this lawsuit is filed, it may raise an eyebrow and that you intentionally filed to avoid this one particular creditor but I don't know. It is true that some debts that normally aren't dischargeable under Chp 7 are dischargeable under Chp 13. But depending on your financial situation and if you can show that you have extra money every month to pay all or some of your debt back, Chp 13 would be ideal. To my understanding, social security, etc., can't be touched. Given it seems your overall financial situation is not good and you're on social security and have no other source of income, etc., even if they get a default judgment against you, there's probably not a whole lot they're going to be able to do and claiming that debt because you may be judgment proof. Again, definitely talk to an attorney and see what they say.

I'm curious as to how this is all going to turn out, if they filed the lawsuit already or if they continue to threaten, etc.

Good luck