Name: Can Amber Heard escape the judgment in bankrutpcy?
Uploaded: 2022-09-17T13:00:02+00:00
Duration: 11 min 42 s
Description: A common question is whether Johnny is going to be able to collect his judgment or whether Amber can wipe it out in bankruptcy. In this video, we'll discuss the bankruptcy process and the "willful and

3 years ago

A common question is whether Johnny is going to be able to collect his judgment or whether Amber can wipe it out in bankruptcy. In this video, we'll discuss the bankruptcy process and the "willful and malicious injury" exception, including the case law that indicates the answer to this question could be more complicated than it seems.

00:00 Intro
01:05 What is bankruptcy for?
02:25 There are many debts that can't be wiped out in bankruptcy
02:50 One of the exceptions is for "willful and malicious" injury
03:19 But malice means different things in bankruptcy and defamation
03:41 A federal case tells us what that means
05:50 The willful and malicious injury exception targets deliberate wrongdoing
06:20 Actual malice in defamation can include reckless behavior
08:18 Bankruptcy uses adversary proceedings to resolve issues about dischargeability
08:47 In my opinion the hoax is enough to prove deliberate wrongdoing
09:18 But Johnny probably wants to be out of litigation for a while