Can you file bankrupcy on a judgement from a homicide?

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Can you file bankrupcy on a judgement from a homicide?

My son was murdered and we have a judgement on his murderer which will expire soon. I was wondering if we should pursue getting it redone?

Asked on May 5, 2011 under Bankruptcy Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As a general matter, debts for "willful or malicious injury to property or person" or not dischargeable in bankruptcy. Since homicide would be a willful or malicious injury to person, it would seem that this debt would not be dischargeable. That said, the list of debts not dischargeable does vary somewhat by type of bankruptcy, so you should repost this question with more detail--i.e. what kind of bankruptcy is  the judgment debtor contemplating?--if you know it. Also, even if the debt is not dischargeable, as a practical matter, if the judgment debtor has little or no money or assets, you might not be able to collect, so you need to consider the factual situation as well as your legal rights in deciding what to do.


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