Results 1 to 5 of 5

Hybrid View

  1. #1
    Join Date
    Apr 2011
    Location
    Ohio
    Posts
    3

    Angry Defendant Filed Bankruptcy

    My question involves bankruptcy in the state of: Ohio

    I have been in a personal injury lawsuit for about two years now. My neighbors dog attacked me and the hospital bills were around $9,000. He just recently filed bankruptcy. There is a hearing soon so that I can make a claim against him. I read up online that the judge will not include my hospital bills in his bankruptcy if I can prove willful or malicious intent. The dog has attacked many other people before, and the owner has done nothing about it. No one has sued him for the attacks except for me. He has barged in to my house, I have had to throw my two year old niece in to a car when the dog got loose again so it would not hurt her. The dog got loose while the owner was home many times, one time being right after the attack, and my wounds busted back open from swinging at the dog to keep him away from my nieces. Then of course here comes the neighbor running over to yell in my face and says "you have to train those kind of dogs a certain way". He has threatened to poison my dog for revenge. I can not afford to pay for a bankruptcy lawyer to help me in this case. I am wondering if I even have a case since he filed bankruptcy and if those claims will work to keep my hospital bills out of his bankruptcy and go on with the trial. Note that his dog attacked me on my own property, has attacked other people, including a twelve year old boy twice. He had promised me that he would get homeowners insurance to cover my hospital bills, but instead filed bankruptcy. I have had to run his dog off my property with a bat several times. He finally got a fence around his yard but he has gotten out of that fence too.

    This neighbor has also been involved in many other things, that I dont know if I could use against him. He has hidden a fugitive in his home, he was involved in a hit and run.. the owner of the car he hit followed him home and he ran into his house and wouldnt come out, because he has no license or insurance. This guy is also paying for one of the toughest lawyers around the area, which is A LOT of money. If he has all this money to pay for the lawyer, why cant he pay $30 a month for my hospital bills? His father even agreed that my hospital bills need to be paid and that there was no excuse for that to happen. I have three other witnesses that were standing there when he said it. But now he is fighting against me in court too?

    I am wanting to defend myself in this case. I need as much information as possible. I am a truly genuine person and he is just morally wrong to be doing this. And I will keep fighting it until it's over. It is not right that someone like him win this kind of case and get away with things.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Defendant Filed Bankruptcy

    Your neighbor had no homeowner's coverage? How could a personal injury lawsuit in the $9,000 range possibly drag out for two years?

    If there's insurance coverage for your injury, that coverage is not erased by his bankruptcy.

    You posted a lot of irrelevant stuff, but nothing that would suggest that your neighbor acted intentionally or willfully in relation to your injury. You haven't even told us how the injury occurred.

  3. #3
    Join Date
    Apr 2011
    Location
    Ohio
    Posts
    3

    Default Re: Defendant Filed Bankruptcy

    He does not have homeowners insurance. I stated in there that he promised to get homeowners but filed bankruptcy instead. And I'm not a lawyer so I dont know why its dragging out for two years. It happened April 24th, 2009. The injury occured in my yard. His dog was attacking my dog for a short period of time and then when I ran outside he jumped on me. Another neighbor down the road heard me screaming and came and hit the dog off of me with a bat. The owner KNOWS his dog has attacked several people but has done nothing to fix it and refused to get rid of his dog and didnt even apologize to these people. His excuse is "You have to train them a certain way". You dont train a dog to be violent unless you are protecting something. I know the reason why he wont get rid of his dog but since its "Irrelevant Information" then it wont matter. I did not force or instigate his dog to attack me. He purposely trained his dog to attack people. I even heard that the dog jumped on and bit the owners own 3 year old son, right in front of him. And the other times the dog got out and came after me, and my niece, the owner was standing right in the yard, and he sure wasnt running very fast to get him, or even running at all. He was walking and told us to quit being a bunch of sissys. So explain to me how I cant use that against him to get my hospital bills out of his bankruptcy?

  4. #4
    Join Date
    Sep 2010
    Posts
    478

    Default Re: Defendant Filed Bankruptcy

    You would be looking at filing a Complaint to Determine Dischargeability under 11 U.S.C. 523(a)(6) but, you may have an uphill battle proving that the debtor acted wilfully AND maliciously. You must file the Complaint timely and I highly recommend you immediately contact a local attorney to discuss your options.

    As stated in In Re Garritano, 427 B.R. 602 (Bankr. N.D. Ohio, 2009)

    " Section 523(a)(6) provides that a chapter 7 discharge does not discharge an individual debtor from any debt "for willful and malicious injury by the debtor to another entity (that's you) or to the property of another entity." Thus, for a debt to be non-dischargeable, the injury must be both willful and malicious. A willful injury is one that is done voluntarily, intentionally, or deliberately. As such, only acts done with the intent to cause injury—and not merely acts done intentionally—can cause willful and malicious injury." The Sixth Circuit Court of Appeals has specifically held that "unless `the actor desires to cause the consequences of his act, or ... believes that the consequences are substantially certain to result from it,' he has not committed a `willful and malicious injury' as defined under § 523(a)(6)." . . . A malicious injury is one that is done "in conscious disregard of one's duties or without just cause or excuse...." "

    Des.

  5. #5
    Join Date
    Apr 2011
    Location
    Ohio
    Posts
    3

    Default Re: Defendant Filed Bankruptcy

    Thanks Des,

    So, basically, I can fight wilfull against him because he purposely trained his dog to attack people, he even admitted that himself.

    And Malicious -- He walked slowly and watched his dog run at me (for the second time) and my niece as I threw her into a car. He didnt run after his dog. He walked slowly, put him in the house, then came back over to my house, barged in, and screamed in me and my family's faces, called us sissys, and literally told us that he trained his dog to be vicious.

    Either way, he doesnt care too much if his dog hurt someone. He didnt when he attacked the little boy, twice. He didnt care when he attacked his best friend (His was worse than mine), and he attacked a friend of his a while back too, pretty brutally. This has been going on for years now. And Im the first person to do anything. But all of those people have said they would be witnesses for me. Because when the dog attacked them, the owner just basically laughed it off and told them to get over it.

    1. Sponsored Links
       

Similar Threads

  1. Adversary Proceedings: Defendant Filed for Bankruptcy Mid-Lawsuit
    By MCollins in forum Bankruptcy Law
    Replies: 3
    Last Post: 03-21-2011, 01:10 PM
  2. Victims Rights: How To Get More Serious Charges Filed Against a Defendant
    By jay44 in forum Criminal Procedure
    Replies: 6
    Last Post: 01-17-2011, 01:32 PM
  3. Chapter 7: Pending Lawsuit, Defendant Filed Chapter 7
    By BenFranklinsBifocals in forum Bankruptcy Law
    Replies: 5
    Last Post: 06-30-2010, 07:50 AM
  4. Pretrial Motions: Defense Lawyer Filed a Motion Against Defendant's Wishes
    By Defense_ohio_law in forum Criminal Procedure
    Replies: 3
    Last Post: 04-22-2010, 07:48 PM
  5. Small Claims Filed, Defendant Moving Out of State
    By TheBear in forum Civil Procedure
    Replies: 3
    Last Post: 03-10-2010, 05:35 AM
 
 
Sponsored Links

Legal Help, Information and Resources