【破产法】IS A LAWSUIT FOR DEFAMATION DISCHARGEABLE IN BANKRUPTCY?| 杨清泉律师

The last big case on defamation was the case of Depp vs Heard where Johnny Depp, the famous actor of many movies, pirates of the Caribbean for instance sued his ex wife and actress, Amber Heard for defamation. He sued her for $50M as damages to his reputation for telling the public that there was domestic abuse in their marriage, that he was beating her up. Depp said that he never beat her up, there was no domestic violence, that her claims of domestic violence were completely false.

Depp won and was awarded $10.3M in damages. So the question is, can Amber Heard file for bankruptcy to discharge the judgment of $10.3M against her for defamation?

Defamation is a written statement while slander is an oral statement. So what are the elements of Defamation?

1. The statement was false. For example, you get into the internet and write that some woman you know, spelling out her name, is a prostitute. If she is in fact a prostitute, then there is no defamation because the  statement states the truth.

2. Defendant is at fault, negligently, recklessly or intentionally.

3. The statement was published. Nowadays, with the internet, publication is easy to prove. Any comment you put on the net is a publication of the statement because a third party must have seen the defamatory statement.

4. The statement harmed the plaintiff’s reputation. For example, you write on a review on the internet that the surgeon took out your spleen by mistake instead of your gall bladder that had a tumor and left the scalpel in your body, implying that the surgeon was negligent, if false, the statement certainly harmed the plaintiff’s reputation.

A debt is dischargeable in bankruptcy unless it is excepted from discharge. Section 523 (B) (6) of the bankruptcy code provides that there is no discharge for willful and malicious injury by the debtor to another entity.

Since defamation is WILLFUL AND MALICIOUS injury caused by Amber Heard to Johnny Depp, she cannot discharge the $10.3M defamation damages awarded to Depp because Depp was able to prove that her accusation of domestic violence was false. That debt is excepted from bankruptcy discharge by Section 523.

I caution readers to think twice or even three times before writing on the internet about something that will affect the reputation of a professional because that will become a big mistake if that person sues you for defamation.

If you need debt relief, set an appointment to see me. I will analyze your case personally.

Disclaimer: None of the foregoing is considered legal advice for anyone. There is absolutely no attorney client relationship established by reading this article.

PRAYING ALWAYS HELPS

It also helps to pray to our God, His beloved Son, Jesus Christ, and the Blessed Mother Mary for divine protection against financial problems, because we have a God who loves us and His beloved Son, Jesus Christ, showers us with infinite mercy. All we have to do is humble ourselves and pray to the Sacred Heart of Jesus for a drop from his ocean of infinite mercy. Jesus revealed in 1930’s to Saint Maria Faustina Kowalska of Poland that all sinners which we all are and those who do not believe in God and those who do not yet know Jesus, should all be brought to His sacred heart and be submerged in the ocean of His infinite mercy, for the sake of His Sorrowful Passion. Anything you ask for when you pray the chaplet for His divine mercy will be granted, if compatible with His will. Moreover, you are guaranteed a peaceful death.

What is the current proof that God and Jesus are divine and all powerful? I refer you to exhibit A, the incorruptible body of Carlo Acutis!

CURRENT ONGOING PHYSICAL PROOF GOD IS ALMIGHTY

INCORRUPTIBLE BODY OF CARLO ACUTIS DIED 2007 AT AGE OF 15

Look at the incorruptible body of the blessed Carlo Acutis who died at 15 in 2007. You can look at his body in Rome, Italy, now 14 years after his death. He looks like he’s just asleep in his jogging suit and rubber shoes!  That is a perfect example of an ongoing sign on earth that the God of Moses, our God, my God, is almighty and all-powerful that He even suspends the natural laws of biology and physics without any effort. He resurrected His one and only beloved son from death on the cross. Indeed, He has power over death.

I have actually thought, “What would the other religions believe if they actually saw the incorruptible body of the blessed Carlo Acutis? I think even Buddha, if he were alive today, would truly believe that Yahweh is the one True God.” No need to think about reincarnation and nirvana because his incorruptible body is available for all to see in Rome, Italy. We won’t need any kind of explanation on the efficacy of modern day mummification. Come on, man, that’s all bull. The truth is in plain sight. Believe your own eyes that the one true God is all-powerful and His name is Yahweh, “I am who Am.” He is the alpha and the omega, the beginning and the end.

“ETERNAL FATHER, WE OFFER YOU THE BODY, BLOOD, SOUL AND DIVINITY OF YOUR DEARLY BELOVED SON, JESUS CHRIST, OUR LORD AND SAVIOR, IN ATONEMENT FOR OUR SINS AND THOSE OF THE WHOLE WORLD, FOR THE SAKE OF HIS MOST SORROWFUL PASSION, PLEASE HAVE MERCY ON AMERICA AND THE WHOLE WORLD.”

Lawrence Bautista Yang is a graduate of Georgetown University Law Center and has been in Law practice for thirty years.  He specializes in Bankruptcy, Business and Civil Litigation and has handled more than five thousand successful Bankruptcy cases in California.  He speaks Mandarin and Fujian and looks forward to discussing your case with you personally.  Please call (626) 284-1142 for an appointment at 20274 Carrey Road, Walnut, CA 91789 or 1000 S Fremont Ave., Mailstop 58, Building A-10 South Suite 10042, Alhambra, CA 91803.