HNB obtains judgment of non-dischargeability of $14.4 Million judgment from California bankruptcy Court.

Sep 17, 2012 Hagan, Noll & Boyle News

On September 17, 2012, the United States Bankruptcy Court for the Southern District of California ruled in favor of HNB’s clients in their long-running battle against Prosonicview owner Christopher Whitcomb. HNB filed suit against Whitcomb and his Prosonicview business in February 2011 on behalf of DISH Network LLC and other clients alleging multiple violations of the Digital Millennium Copyright Act (“DMCA”), Federal Communications Act, and the Electronics Communications Privacy Act (“ECPA”). On July 19, 2011, the District Court entered final judgment against Whitcomb, ordered him to pay HNB’s clients $14.4 million dollars in statutory damages, and issued a permanent injunction against him. In October 2011 the District Court entered an order finding Whitcomb in contempt of the injunction and cautioned him that any further violations would result in his imprisonment. In an effort to avoid the monetary judgment against him, Whitcomb filed bankruptcy under Chapter 7 in January 2012. HNB opposed the discharge of the $14.4 million judgment against Whitcomb and on September 17 the Bankruptcy Court ruled in favor of HNB’s clients, holding the entirety of the judgment non-dischargeable pursuant to sections 523(a)(4) and (a)(6) of Title 11 of the United States Code.
For a copy of the judgment click here