SW Legal Educational Publishing

Claims from Willful Torts Not Relieved in Bankruptcy
Description When plaintiff sued for sexual battery, an intentional tort, the defendant filed for Chapter 7 bankruptcy. Plaintiff filed adversary proceeding in bankruptcy court seeking that any monetary liability from the tort claim be held nondischargeable under the Bankruptcy Code. Court agreed.
Topic Bankruptcy
Key Words Bankruptcy, Liability for Intentional Tort, Battery
C A S E   S U M M A R Y
Facts Robinson and Louie had "frequent, high-risk, unprotected sex" for several years. Louie told Robinson that condoms were not needed. Later, Robinson learned that Louie had been HIV- positive for years and sued Louie in state court for sexual battery. Louie then filed a voluntary Chapter 7 bankruptcy petition. Robinson intervened, asking the bankruptcy court to hold that any monetary liability found in the state court case be declared nondischargeable under the Bankruptcy Code.
Bankruptcy Court Decisions Failure to disclose infection with communicable disease prior to intercourse is an intentional tort. Even if the sex is voluntary, no consent was given to be exposed to the disease. Since Robinson's case for sexual battery has merit, Louie will not be allowed relief under the Bankruptcy Code for any liability that may be imposed in the tort action.
Citation In re Alan Louie, 1997 WL 566318 (U.S. Bkrpt. Ct., N.D. Cal.)
or
213 B.R. 754 (Bankr. Ct., N.D. Cal., 1997)

Back to Bankruptcy Listing

©1997-2000  South-Western, a division of Cengage Learning, Inc. Cengage Learning is a trademark used herein under license.