Reporting from San Francisco -- Facebook Inc. has struck back against spammers, winning an $873-million judgment against a Canadian man accused of sending millions of unsolicited messages about drugs and sex.
Msg#: 3793753 posted 10:40 am on Nov 26, 2008 (gmt 0)
Not every financial obligation is dischargeable in a bankruptcy court. The last time I read the bankruptcy code there were many exceptions, some tied to statutory penalties or fines, and, if memory serves me, there were even exceptions for awards of punitive damages (in certain situations). As I recall, it was pretty much a case of the bankruptcy courts not being a place of refuge or relief for those suffering financially due to their own egregious conduct.
"Full faith and credit" is a legal term of art that may apply to the enforcement of judgments by foreign governments. Without cooperation between governments, in enforcing the fair judgments of foreign courts, international business could collapse. Therefore there are built in procedures that enable the enforcement of judgments across borders.
The law tends to be very fact specific so it's difficult to say exactly how this will play ou
Msg#: 3793753 posted 3:53 pm on Nov 26, 2008 (gmt 0)
Being somewhat familiar with bankruptcy laws in Canada, they are not going get much from this guy. They can't take his primary home or even his car (unless he is driving a Lambourgini or something) and they have to leave him with enough money for day to day survival. I am sure in Quebec its even more favorable for the person declaring bankruptcy and I would not be surprised if they can discharge this judgement from his debts.
Facebook is going to get nothing from this guy, Canadian courts do not participate in these wacky judgements. As long as he stays away from the US, he will be fine.
Msg#: 3793753 posted 4:51 pm on Nov 27, 2008 (gmt 0)
Actually the list of exemptions for bankrutpcy law in Canada is govern by the provinces.
I belive in Alberta they can't take your house if you have less than $40,000 or so in equity. Other provinces, you are only allowed the tools of your trade up to $5000, so I guess he gets to keep his computer since this is the tool of his trade :)