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Mr Zimmerman was helpful and kind and prompt . He always answers his phone and that is refreshing . I will be using him for my bankruptcy in the future. He is one of the good ones . He is an outstanding attorney who truley care . He made ev...
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Mr. Zimmermann is a fantastic bankruptcy attorney who handled my case with care, efficiency and urgency. We were able to beat a judgement against me in the nick of time, and I truly feel a sense of relief due to the services of Mr. Zimmerma...
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This Lawyer will go above and beyond for you. As well as show tremendous empathy for those who are vulnerable and scared. His compassion to help civilian's shows through his actions and with his word. When he says he is going to call he cal...
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I’ve worked with Mr.Zimmerman on two different legal issues. In both instances he was fantastic! He is extremely knowledgeable and compassionate and able to breakdown a course of action into language anyone can understand. I would highly re...
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I highly recommend Mr. Zimmermann as an attorny. I recently purchased an investment property and boy was he helpful. He was easily available, very clear in explaining various concepts, laws and regulations, and provided very helpful tips o...
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- posted: Aug. 12, 2024
Chapter 7 bankruptcy allows debtors to discharge (eliminate) certain unsecured debts. However, not all debts are dischargeable. Some obligations, such as past due child support and payments owed on student loans, usually are exempt from bankruptcy protection. Likewise, under the Bankruptcy Code, debts arising from "willful and malicious injury" to another person are typically not eligible for discharge.
The recent bankruptcy filing of Shilo Sanders, son of NFL legend Deion Sanders and a current football player at the University of Colorado, has raised intriguing questions about the interplay between bankruptcy law and personal liability for tortious acts. Sanders filed for Chapter 7 bankruptcy in October 2023, primarily to address an $11.89 million judgment against him stemming from a 2015 assault incident during his high school years.
While attending a Dallas-area high school in 2015, Sanders was accused of assaulting a security guard, John Darjean. In his personal injury lawsuit, Darjean claimed that Sanders elbowed him in the neck, causing severe and lasting injuries. After many years, a Texas court awarded Darjean the substantial judgment in 2022 after Sanders failed to appear for the trial.
The outcome of Sanders' bankruptcy case depends on whether the assault on Darjean can be classified as willful and malicious. If the court holds that it can be characterized in that way, the resulting judgment may not be dischargeable, and Sanders could remain liable for the full amount even after bankruptcy.
To make this determination, the bankruptcy court would likely delve into the facts surrounding the alleged assault and assess Sanders' intent at the time. It is important to note that the burden of proof in such cases rests on the creditor to establish that the debt is non-dischargeable.
Though bankruptcy is a powerful tool for someone who is struggling with debt, it’s important to have a full understanding of how the law applies to your situation before deciding how to proceed. If you have debts that fall into exemptions or might be linked to willful and malicious conduct, you may want to consider a different option. At the Law Offices of James C. Zimmermann, we can answer your questions about the bankruptcy process so you can move forward in the manner that best suits your circumstances.
Please call 973-764-1633 or contact us online to schedule a free initial consultation. We have five offices throughout North Jersey in Vernon, Wayne, Pompton Lakes, Hackensack and Nutley.
