I came across a wild story San Diego today. An arrest warrant issued a police officer and his wife because they trashed their homes of millions of dollars after their lender excluded it. A bankruptcy lawyer, sometimes people ask me if the responsibility of these "bad acts" intentional is releasable bankruptcy.
But prior to me in response, it is important to realize the extent of vandalism, the Conference of the parties and his wife allegedly committed. They are really at the town house. For example, they would have been concrete in the drains. The criminal complaint also alleges that they tore the embarrassing their frames, doors decorative luminaires and completely deleted posts and beams. They were allegedly stole bathroom vanities have been stolen, with air conditioning and instrumentation.They poured dye black hair on the carpet and spray painted total murs.Au, damage and flight was estimated to total more than $200,000.
As you can see, this was not a normal wear and tear. To return to the question of the impossibility of liability arising out of bad acts such as those of the Conference parties and his wife allegedly committed, the response is usually not. The main provisions of the bankruptcy code that dictate the result are articles 523 (a) (6) and 1328 (a).Responsibility for "voluntary" or "malicious" acts such as vandalism is absolutely not releasable in Chapter 7 and is releasable only in limited pursuant to chapter 13.Responsabilité circumstances is discharged in chapter 13 if the debtor performs all payments claimed repayment plan. Given that the judge has so much discretion when it comes to confirm the plans of Chapter 13, it is a pretty safe bet that judge confirms that a chapter 13 plan for debtors such as the Conference of the parties and his wife, unless the plan provides for the debtor to pay for all or almost all the damage he has caused.
Before anyone who gets too nervous even if cases interpreting these sections defined "bad acts" bar quite high.Daily neglect not to increase the level of "voluntary" or "malicious."For example, fault a doctor found no step to increase the level of "voluntary" or "malicious" behavior.
To paraphrase the Supreme Court, such a result is consistent with the general idea that bankruptcy discharge is intended to give a "fresh start" "honest, but unfortunate debtor". even if lenders and other creditors sometimes commit outrageous acts, a bankruptcy lawyer are not out of jail free card debtors who commit acts of vandalism or other similar acts of retaliation.
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