310.376.9865
Had someone ask if a bankruptcy would discharged (wipe out) a judgment due to his dog biting a neighbor. Huh, I had no idea, so did so quick and dirty research.
There is an old case out of Georgia where the bankruptcy court held that the debt incurred because the debtor’s dog had bitten someone was NOT dischargeable under 523(a)(6) because it was a willful and malicious injury the debtor had caused another.
In this case the debtor’s dog viciously attacked the Plaintiff. The dog had previously bitten another human and this information was known to the debtor. The Plaintiff suffered open wound requiring 39 stitches to close, hospitalized for 11 days to obtain skin graft which didn’t take, suffered lost wages, and medical expenses, and the Plaintiff had previously obtained a judgment in state court. The debtor filed bankruptcy, and the Plaintiff objected arguing the debt was non dischargeable because the injury fell under the non dischargeable debt as it was willful and malicious.
The bankruptcy court held the act was willful because the dog had previously bitten another human being and knew the dog had propensity for biting people, and permitting their known vicious dog to go at liberty was a voluntary wrongful act of theirs, and thus a willful wrongful act of theirs. It was also a malicious act of theirs because the injurious consequences which followed were those which might naturally be expected to result from their wrongful act.
So when you ask your bankruptcy attorney will a bankruptcy discharge a debt incurred when my doggie bit the neighbor, it will depend on whether the facts are as egregious at the above facts.
Conclusion, don’t let your dog bite anyone.
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Los Angeles/Orange County Chapter 7 Bankruptcy Attorney- A Debt Relief Agency.
- Law Offices MJ Mann Bankruptcy Attorney
- 2706 Artesia Blvd, Suite BK
- Redondo Beach, CA 90278
- 310.376.9865
