(e-mail address removed) wrote:
My husband is being sued by his former company for
[allegedly] violating a non-compete clause [and
plaintiff also indicates the resulting monetary damage
goes well] into the millions. * * * [Is] Ch7 . . . an
option any more with the new reform laws?
It is. Chapter 7 is still available.
Right. And granted, too, that there's lots of stuff about this
lawsuit the OP has not reported - not least including that she has not
made clear whether the sole legal theory of relief is garden variety
breach of contract, that she seems aware of the "anybody can sue
anyone else for anything!" rubric and so does not "know whether to
panic or laugh" and that she also has not addressed whether what she
seems to indicate is (only?) an alleged non-compete agreement
violation is asserted under color of a valid/enforceable such
provision; etc., etc. But query (for Mr. Goldstein): What if
plaintiff's lawsuit alleges and plaintiff probably could prove (even
if perhaps in an amount less than the $9-million presently claimed)
that the OP's husband in a manner not made not judicially redressable
in the parties' jurisdiction maliciously intended to injure plaintiff
or its property (e.g., carefully developed customer lists)? IOW, what
does it mean to say (otherwise correctly) that Chap. 7 is "available"
in such a case without addressing (as the OP's postings so far make it
impossible to address) probable dischargeability or not?