26 Sep2014
A Big Bite in the Big Apple
Written by CFB Blogger. Posted in Blog
Ready for a rather odd news story involving a Chapter 7 bankruptcy case? Read on…
About two years ago, a New Yorker, Sultan Soliman, filed for Chapter 7 after he was on the receiving end of an $110,000 court judgment after he had bitten the nose of a man in an elevator in the building where they both reside. A Chapter 7 bankruptcy may expunge those types of judgments if the bankruptcy is approved by the courts.
According to an article in the
The Wall Street Journal’s Bankruptcy Beat by Sara Randazzo, Lev Vyshedsky, the victim and Mr. Soliman’s neighbor, has been appealing to the bankruptcy judge that the perpetrator of this nasal crime be forced to pay the court-ordered fine. Mr. Vyshedsky cited a section of the bankruptcy code that prevents the discharge of debts that came about because of “willful and malicious injury by the debtor to another entity.”
Judge Martin Glenn is deciding if biting someone on the snout is, indeed, considered willful and malicious. In a recent decision, Judge Glenn said “he needs to hear more evidence to determine whether Mr. Soliman’s actions were “‘a deliberate and intentional injury’ to Mr. Vyshedsky, and ‘not merely a deliberate or intentional act that leads to injury’”.
The WSJ article reports that the bite in question occurred when Soliman was attacking another man who had already obtained an order of protection against the biter. Vyshedsky, the decision stated, “unfortunately happened to be present in the same elevator”.
Following the incident, Soliman pleaded guilty to two counts of third-degree assault, a misdemeanor, earning him probation and 15 days of community service. Vyshedsky initiated a civil action, which concluded with the $110,000 default judgment against Soliman, who failed to show up to court for the trial.
Judge Glenn said it’s a close call as to whether the guilty plea in the criminal matter helps prove Mr. Vyshedsky’s case and makes the judgment enforceable even in bankruptcy; further hearings have been scheduled.
Mr. Soliman’s bankruptcy petition shows $255,500 in liabilities and $447,775 in assets.
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(Please don’t bite your neighbor on the nose).