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Crookshanks

join:2008-02-04
Binghamton, NY
reply to josephf

Re: Chapter 7 Bankruptcy Discharges Court Judgements

Not quite, from here, pertinent parts in bold:

quote:
Debts not discharged include debts for alimony and child support, certain taxes, debts for certain educational benefit overpayments or loans made or guaranteed by a governmental unit, debts for willful and malicious injury by the debtor to another entity or to the property of another entity, debts for death or personal injury caused by the debtor's operation of a motor vehicle while the debtor was intoxicated from alcohol or other substances, and debts for certain criminal restitution orders. 11 U.S.C. § 523(a)
If RIAA is so inclined, they can file an objection with the bankruptcy court to having their debt discharged. A hearing will then be scheduled, and at the end of the day it will be up to the bankruptcy judge to decide whether or not the debt is discharged.

josephf

join:2009-04-26

Anyone can file an objection, but it is doubtful downloading music will fall under the legal definition of malicious.


Kearnstd
Space Elf
Premium
join:2002-01-22
Mullica Hill, NJ
kudos:1
reply to Crookshanks

I guess the challenge to the RIAA is that they would have to prove that they sustained injury. I think the wording of that law is for things like physical injuries to people and property. If a drunk driver rams my house I am out a house if the county engineer says I have to doze it and rebuild. In this case they would have to prove to a bankruptcy judge that copyright infringement is also equal to such damage.

If I were such a judge I would give the riaa the legalese version of better luck next time.
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports


ncbill
Premium
join:2007-01-23
Winston Salem, NC
reply to Crookshanks

Do we know if she's eligible for Chapter 7?

If she's not eligible for Chapter 7 would this type of judgment normally have to be at least partially paid under Chapter 13?