All creditors are not created equal. That should be one of the motto's of bankruptcy court, but alas it isn't. It does apply to one particular debtor who will not have a judgment against him dismissed.
A man from Boca Raton, Jay Levin, shot and killed his neighbors 16 year old son and was ordered to pay $750,000 to the family. He originally only paid $102,000 and then declared chapter 7 bankruptcy. The latest bankruptcy court ruling has stated that Levin will not be protected by Chapter 7 from the family and must still pay the remaining $648,000.
Judge Erik Kimball stated in the opinion, "the debtor is an adult. He owned a handgun. He took the time to retrieve the handgun and bring it to his front door. He opened the door and saw Mark Drewes. The debtor shot his handgun to repel Mark Drewes. It is inconceivable that the debtor did not realize Mark Drewed would be injured or killed." The judge also called the killing "willful" and stated that he must be held responsible for his actions.
You might be asking your self, "what were the circumstances that lead this man to go retrieve his gun and fire upon a teenager?" The answer makes this sad ordeal even sadder, Mark was playing the old prank game "ding-dong-ditch."
How often do killers file for bankruptcy after a judgment like this, I could not tell you, but this courts ruling has made it clear that this sort of intentional conduct will not be excused by bankruptcy, at least in Judge Kimball's court.
