Weird question - dischargability

[theurge]

I was just thinking about my ch 7 - and reading up online about a couple things. One question and kind of a stupid one - As long as no one objected and once a bk is closed that debt can no longer be prosued right? Like there's no was a company can protest something after its been like lets say in my situation - a lawsuit. For those who don't know the main reason Im filing is because I'm being sued for copyright infringement by a record company. I guess the reason im asking is these sneeky bastards will stop at nothing to try and get money out of people.

But this sounds right, right? Once it's closed its closed?

[Mysocalledlyf]

yes, they might be able to object during the BK, it's their right, but no, they can't pursue you after you're discharged of their lawsuit.

[Minnymouth]

You really didn't give enough info.
You filed BK, right?
Had they already sued you over the "copyright" and had a judgement against you? Or are you waiting to appear in court?
Did you include it in your BK?

Minny

[StaciMM]

Filing BK discharges debts-it does not resolve other legal matters. Have you spoken to an attorney about this? They can still pursue a criminal case against you, though I'm not sure where copyright infringement falls.

[Cali7]

I could be wrong but money owed that was borrowed is not the same as something you owe due to breaking the law.

[FoolAndHisMoney]

[QUOTE=theurge]I was just thinking about my ch 7 - and reading up online about a couple things. One question and kind of a stupid one - As long as no one objected and once a bk is closed that debt can no longer be prosued right? Like there's no was a company can protest something after its been like lets say in my situation - a lawsuit. For those who don't know the main reason Im filing is because I'm being sued for copyright infringement by a record company. I guess the reason im asking is these sneeky bastards will stop at nothing to try and get money out of people.

But this sounds right, right? Once it's closed its closed?[/QUOTE]


That's right, but if you get a huge inheritance, lottery winnings, etc. like weeks or months after the discharge then they could try to take it. Other then that what's done is done.

[theurge]

You really didn't give enough info.
You filed BK, right?
Had they already sued you over the "copyright" and had a judgement against you? Or are you waiting to appear in court?
Did you include it in your BK?

Minny

Yes of course I've filed, thats why I filed in the first place mainly, and I did include it in my bk. I received a summons but thats about it - I never heard anything back from them after that other than they wanted to settle with me for 75k - hence why I filed. I am not about to fly to New York to fight this - heck I was on the verge of filing anyways, but this defintely pushed me over the edge so to speak.

Filing BK discharges debts-it does not resolve other legal matters. Have you spoken to an attorney about this? They can still pursue a criminal case
against you, though I'm not sure where copyright infringement falls.

Yes I have spoken with attorneys - my bk lawyer seemed to be ok with it as long as it was included...

Anyways, I just wanted to make sure that once it's discharged that they still couldn't persue it, minus criminal of course which I don't think is going to happen...

[AAAArt]

Of course you can include it and if they don't object, you may be home free. OTOH, Copyright Infringement could be viewed as a kind of "stealing" and that could involve a criminal judgement. Bk will not protect you from that.
Avoiding them and not going to court in NY could result in a cursory judgement being awarded to the plaintiff and you could wind up with a huge debt that would not be erased through Bk.
I empathize for your situation, but it is prob. in your best interest to stay in communication with these people, cease doing or marketing whatever they see as "copyright infringement". As untasteful as it may be, apoligize in writing for anything you unintentionally did and tell them that you are being forced to file for Bk because of your financial situation, that you will never do whatever the "thing" is that you did again and ask for forgiveness.
Copyright infrinement is an odd thing. The little person who really has a case (like a songwriter) rarely get anything and the big companies (Think McDonald's and Harley Davidson) can and do sue for any infringement on their name or advertising, when it usually doesn't hurt them at all and have the attorneys on retainer to win.
I don't know what your situation is, but I would strongly warn you from my reading and understanding not to just assume that declaring Bk and ignoring the court will get you relief. Art

[quest42]

Some types of "restitution" cannot be discharged in bankruptcy... better ask an attorney and/or do more research on that!

[bkfiler]

you guys do know that in a bk 7 creditors can and have petitioned the courts to reopen the case. so yes they can but not usually.

when i heard this i flipped out and was amazed. im not sure when and why it happens mostly more though.

[quest42]

Check out the NOLO book, Getting Paid - How to Collect From Bankrupt Debtors to see what can happen. (See www.nolo.com or www.amazon.com or your local library...)

[CindyLou]

Ok here is the answer. You can only have it discharged if it is already a judgement or a settlement. You need to SETTLE fast so that you can included it. A civil case is completely seperate from a criminal case. So you can include it as long as it is not fines imposed by a court in a criminal case. The only civil cases you cannot discharge are civil suits resulting from bodily injury in a criminal act, i.e., drunk driving, assault, etc.... This is my understanding of the law. Good luck.