Revenge Porn and Bankruptcy in New York: Can Perpetrators Avoid Liability?
If you're pursuing a revenge porn lawsuit in New York, you might be wondering what happens if the perpetrator files for bankruptcy. Can they discharge the debt they owe you for the harm they caused? The answer is: it depends.
Revenge Porn and Chapter 7 Bankruptcy
If the perpetrator files for Chapter 7 bankruptcy, any pending lawsuit or judgment against them is automatically stayed. This means the lawsuit is temporarily paused. If the bankruptcy court grants the debtor's Chapter 7 petition, most debts are discharged, meaning the perpetrator is no longer legally obligated to pay them.
However, some debts are nondischargeable, meaning they cannot be eliminated through bankruptcy. This includes debts for "willful and malicious injury" to another person. Revenge porn often falls under this category, as the perpetrator intentionally caused harm by sharing intimate images without consent.
Filing an Adversary Proceeding to Prevent Discharge
To prevent revenge porn damages from being discharged in bankruptcy, you must file an adversary proceeding. This is a separate lawsuit in bankruptcy court, arguing that the debt is nondischargeable under 11 U.S.C. § 523(a)(6). Our attorneys can help you navigate this complex process and fight to ensure the perpetrator is held accountable for their actions.
What Does "Willful and Malicious" Mean?
To prove that the revenge porn debt is nondischargeable, you must show that the perpetrator acted "willfully and maliciously." This means:
Willful: The perpetrator intended to cause injury by sharing the images.
Malicious: The perpetrator acted wrongfully and without just cause.
Courts have held that sharing intimate images without consent, especially with the intent to cause harm, meets this standard. We can help you gather evidence and present a strong case to the bankruptcy court.
Contact a Revenge Porn Lawyer in New York
If you're concerned that a perpetrator in your revenge porn case may file for bankruptcy, it's crucial to seek legal assistance immediately. Our experienced revenge porn lawyers at Veridian Legal can help you understand your rights, protect your interests, and pursue the maximum compensation you deserve. Contact us today for a free and confidential consultation
FAQs about Revenge Porn and Bankruptcy in New York
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A: Yes, but you'll need to take additional steps to prevent the debt from being discharged.
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A: The revenge porn debt may be discharged, and you may not be able to recover compensation.
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A: Evidence can include the perpetrator's communications, the circumstances of the image sharing, and any other evidence that shows their intent to cause harm.
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A: We can help you navigate the interstate bankruptcy process and protect your rights.
Our Consultations Are Different:
Free: No cost, no obligations.
Experienced: Speak directly with an experienced revenge porn lawyer, not a paralegal.
Image Report: We'll provide a free image spread report using facial recognition technology.
Honest Assessment: We'll discuss your case's strengths and weaknesses and figure out a plan of action that’s right for you.
Contact a Revenge Porn Lawyer Today
Don't let bankruptcy be a shield for perpetrators of revenge porn. Our experienced attorneys at Veridian Legal can help you fight back and ensure that those who cause harm are held accountable, even in the face of bankruptcy proceedings. Contact us today for a free and confidential consultation.