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  1. #1
    Join Date
    Aug 2006
    Posts
    10

    Unhappy Bankruptcy and Alienation of Affection

    I have lived in FL over 6 years. My husband has filed for devoice. I can not afford to live on my own because of a judgement his ex-wife won for alienation of affection. The judgement was issued by a NC court. She was award $180,000 and is currently (and have been for over a year) garnishing my wages.

    Can this be discharged in a Chapter 7 bankruptcy?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Bankruptcy and Alienation of Affection

    A civil judgment can generally be discharged, yes...but having read your post history this could be questionable.

    Speak with a bankruptcy attorney asap.

  3. #3
    Join Date
    Aug 2006
    Posts
    10

    Default Re: Bankruptcy and Alienation of Affection

    My concern is with the following bankruptcy exception:

    debt "for willful and malicious injury by the debtor to another entity or to the property of another entity".

    I did not have a jury trial. It was decided by a NC judge.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Bankruptcy and Alienation of Affection

    Quote Quoting outdone
    View Post
    My concern is with the following bankruptcy exception:

    debt "for willful and malicious injury by the debtor to another entity or to the property of another entity".

    I did not have a jury trial. It was decided by a NC judge.

    That's the problem.

    Once you file Ch 7, she will be notified and will have the chance to object to the judgment being discharged; you need to speak with an attorney because it could very well be considered "willful and malicious injury".

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Bankruptcy and Alienation of Affection

    This could get tricky, given that alienation of affection is an intentional tort, and whether nor not discharge is possible could turn on the elements of the tort and the allegations made against you. In a bankruptcy court case from the eighth circuit, Stage v Stage, that examined South Dakota's alienation of affection statute, discharge was permitted ("We hold that the judgment for alienation of affections in Missouri state court established that Cynthia Stage acted willfully, but not maliciously"). In a South Carolina bankruptcy proceeding, Meyer v Meyer, discharge of a North Carolina alienation of affection judgment was not allowed ("The plaintiff has shown by a preponderance of the evidence that the defendant willfully and maliciously injured the plaintiff so as to preclude [discharge]").

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