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Defamation suits stalling Casey Anthony’s bankruptcy

Casey Anthony’s attorneys filed two motions in October 2013 asking a federal judge to dismiss two defamation claims against her, so she could obtain a Chapter 7 bankruptcy discharge. She had filed for bankruptcy protection in January 2013, but if the judge does not throw out the claims, she will not be able to obtain a fresh start.

Anthony’s lawyers claimed that the suits had no merit, saying that they failed to establish malicious and willful acts by Anthony, which would have been the only way they could have credibility. Her attorneys said that the situation had been dragged out too long, and their client was entitled bankruptcy protection under the law. Meanwhile, according to a recent court filing, another of Anthony’s creditors who had originally filed a complaint against her bankruptcy is now close to reaching a settlement.

One of the individuals suing Anthony had the same last name as a fictional nanny Anthony had named during the case. Even though authorities determined that no such person existed, the complainant’s name had already been linked to the case. In their motion, Anthony’s attorneys stated that most of the third party’s claim is based on comments made out of context and privileged conversations with law enforcement. The other complainant is an individual who alleges Anthony’s criminal defense lawyer implicated him in 2-year-old Caylee Anthony’s death. He is suing based on privileged comments the attorney made during Anthony’s trial. Lawyers for Anthony argue that bankruptcy law prevents her from being responsible for the statements of others.

The pressure of increasing debt can be overwhelming, especially for those receiving harassing phone calls from creditors. A bankruptcy attorney may be able to assess the case and offer the best options to fit each situation.

Source: Orlando Sentinel, “Casey Anthony asks judge to toss suits so she can get a ‘fresh start’“, Jeff Weiner, October 04, 2013

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