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FOURTH CIRCUIT: DEBTOR DISCHARGES STALKING DAMAGES

On Behalf of | Jun 11, 2018 | Blog |

Debtor owed the plaintiffs more than $1.4 million dollars based on civil judgment entered against him for stalking, defamation per se, and intentional infliction of emotional distress. After Debtor filed for Chapter 7 relief the plaintiffs filed an adversary proceeding asserting that their claim was non-dischargeable pursuant to section 523(a)(6).

The Fourth Circuit upheld that the portion of debt representing damages for stalking and the punitive damages associated therewith is dischargeable, as the plaintiff have failed to prove by a preponderance of evidence that the injuries caused Defendant were willful and malicious within the meaning of section 523(a)(6).

We believe and would strongly argue the same legal principal principles this Court applied in this case before our bankruptcy judges here in Maryland.

If you are caught in the endless cycle of debt and are struggling to break free, please call us for a free consultation. Morris Margulies has assisted thousands of clients through the bankruptcy process and is sensitive to their needs. Please call us for a free consultation today. We represent consumers in bankruptcy and litigation matters in Maryland and the District of Columbia.