When Is a Battery Judgment Dischargeable?

A battery judgment may be difficult to discharge.

The question of whether a judgment may be dischargable arises during a federal bankruptcy proceeding and is a matter of federal law.

Battery Judgment

A battery judgment is a monetary award given to the winning party in a lawsuit. and can be a result of a civil or criminal battery. When the judgment is entered, the prevailing party becomes the judgment creditor. The losing party becomes the judgment debtor.

Civil Battery

Civil battery is an intentional tort. The laws concerning the discharge of an intentional tort are contained in Title 11 of the United States Code (USC) Section 523(a)(6). Under the provisions of this statute the willful injury to another person or entity is not dischargable in bankruptcy. Therefore, a judgment for a civil battery is also not dischargable.

Criminal Battery

A conviction for criminal battery may involve a judgment for fines, costs and restitution being entered against the defendant. A judgment for fines and restitution resulting from a criminal battery conviction is not dischargable under the provisions of Title 11 USC Section 523(a) (7).

References

• Cornell Law School: U.S. Code Section 523
• The Free Dictionary: Judgment Creditor

Resources

• The Polk Law Firm: Chapter 7 Bankruptcy Nondischargable Debts