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Does Bankruptcy stop a defamation suit?

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troubled11

Junior Member
What is the name of your state? NYS

I posted a nasty message on the internet and I'm being sued for slander per se. My lawyer says the easiest way to stop this suit is to claim bankruptcy and that will stop the suit.

Is that true? Can't the claimant return 6 months later and re-sue me?
 


quincy

Senior Member
I suggest you get another lawyer. ;)

Filing for bankruptcy imposes an "automatic stay", which stops or delays legal proceedings, but these stays are temporary. Automatic stays can be lifted. If someone is awarded a judgment in a defamation action, the judgment is generally not stayed and cannot be discharged.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state? NYS

I posted a nasty message on the internet and I'm being sued for slander per se. My lawyer says the easiest way to stop this suit is to claim bankruptcy and that will stop the suit.

Is that true? Can't the claimant return 6 months later and re-sue me?
You should also be honest in your posts here...
 

quincy

Senior Member
I totally missed that, Zigner. :eek: :)

I suppose it could be a talking message, (like a chimp email saying something defamatory perhaps?), but, yes, in all likelihood it would be libel not slander, and in all likelihood no lawyer would say bankruptcy would eliminate a judgment, and in all likelihood troubled11 is an 11 year old who is "troubled". ;)
 

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