Defamation of Character in court filing?!

[quincy]

... OP needs to respond to the MTD in a timely fashion.

The name calling by the Debtor (not some attny) is going to be taken with a grain of salt by the judge. Quite frankly, when dealing with pro se litigants, many judges simply roll their eyes when they read the garbage that such litigants spew.

I cannot say with certainty that OP's claims are solid enough to rise to the level of a 523(a)(2) finding. In my opinion, 523(a)(4) and (a)(6) are not viable. Please do not ask me to elaborate. I am not willing to give any insight further than this one and only post.

OP - I doubt you have a cause of action under 727. Even if you did, you would be foolish to attempt to get the entire discharge denied. I assume you understand that if a discharge is completely denied each and every creditor (not just YOU) will be free to collect. Why would you want others to be able to race to get to assets? This is one of the consequences of not having an attny - your rush to throw in everything including the proverbial kitchen sink. I do, however, understand that the amount in controversy does not justify hiring an attny.

I do wish you luck as I do think you were harmed. I am just not convinced that the events that led to the harm are "non-dischargeable". As you proceed, take the "high road". Never appear to be vindictive. Treat the Debtor with respect. Such will go a long way in keeping the judge: 1) engaged in the arguments; and 2) looking favorably at you due to your continued professionalism.

Des.

Thank you for mentioning the need for StarForeman to file a response to the motion to dismiss.

I agree that most judges who hear derogatory and defamatory statements leveled by parties against each other will simply shrug them off.

Although damages awarded in intentional tort cases often are not dischargeable in bankruptcy, the specifics will matter. Both the US Supreme Court in Kawaahau v. Geiger and subsequent decisions in the Ninth Circuit make judgments arising from intentional torts a question of whether the injury itself was deliberate and intentional or the injury was the result of a deliberate and intentional act. A fine line that makes the former dischargeable and the latter not.

 

[StarForeman]

Thank you for mentioning the need for StarForeman to file a response to the motion to dismiss.

I agree that most judges who hear derogatory and defamatory statements leveled by parties against each other will simply shrug them off.

Although damages awarded in intentional tort cases often are not dischargeable in bankruptcy, the specifics will matter. Both the US Supreme Court in Kawaahau v. Geiger and subsequent decisions in the Ninth Circuit make judgments arising from intentional torts a question of whether the injury itself was deliberate and intentional or the injury was the result of a deliberate and intentional act. A fine line that makes the former dischargeable and the latter not.

The lawsuit i won and received an award for was for fraud. The Debtor knowingly rented me an illegal, unsafe, apartment that was eventually deemed substandard by Building and Safety. He then proceeded to harass and threaten me in order to get me to move out without compensation. In CA an illegal unit is considered fraud. I had no idea the unit was not permitted when i signed the lease. Lots of other stuff happened, but truth be told I have never sued anyone before in my life, but he cost me far more than 10,000 (I took the amount down in order to pursue in small claims court.)

And to clarify his LAWYER is the one who filed a motion to dismiss- complete with the inflammatory language.

 

[quincy]

Thank you for the additional information.

You will need to respond to the motion to dismiss.

Good luck.

 

[Zigner]

Wait...this is a small claims suit? How long ago did you receive the judgment?

 

[quincy]

Wait...this is a small claims suit? How long ago did you receive the judgment?

There is a lot that is not clear - including the filing of a motion to dismiss after the judgment. I assume this has something to do with the bankruptcy filing which could (potentially) discharge the debt.

 

[despritfreya]

The MTD was filed in the bk AP (523/727) case.

OP needs to respond to the MTD.

If the MTD is denied, the Debtor will have 14 days from the entry of the Order denying the MTD to file an Answer to the 523/727 Complaint.

Des.