Judgment Creditor Claims Willful and Malicious Conduct in Bankruptcy of Deion Sanders’ Son

Chapter 7 bankruptcy can be a powerful tool for someone who is struggling with debt. The ability to eliminate unsustainable credit-card balances or excessive medical costs can be life-changing. However, not every financial obligation can be discharged through this process. Along with student loans, taxes and past due child support, debts arising from willful and malicious injury caused by the debtor are not typically eligible for bankruptcy protection. Now, a multimillion-dollar case involving the son of football legend and current Colorado Head Coach Deion Sanders is testing whether money owed following a default judgment qualifies for a Chapter 7 debt discharge. 

In 2015, a high-school security guard, John Darjean, accused Shilo Sanders if assaulting him. Shilo was a 15-year-old student at the school. Though Shilo and his famous father denied any wrongdoing, Darjean filed suit in Texas seeking $11.8 million in damages. Pretrial procedure lasted for several years and the court sent a trial notice in February 2022 to the address it had for Shilo Sanders in South Carolina. However, he had transferred to Jackson State University in Mississippi by this time. To further complicate matters, Shilo had released the attorney who had previously represented him in the case, claiming that, as a college student, he could not afford to pay his lawyer.

Shilo Sanders never showed up for the trial and judgment was entered for the full amount Darjean sought. After following his father to Colorado, Shilo filed for Chapter 7 bankruptcy in October 2023, stating that he was unable to pay the judgment, claiming that he was unaware of the personal injury trial and alleging that Darjean was the aggressor in the 2015 incident. The central issue in this case is whether the debt from the default judgment qualifies as an obligation linked to a willful and malicious injury caused by the Shilo Sanders. If so, the debt may not be dischargeable in bankruptcy.

The bankruptcy court will examine the underlying facts of the assault case and consider whether Sanders’ actions met the legal standard for willful and malicious conduct. This will likely involve a detailed analysis of the incident, testimony from witnesses and arguments from both sides. Regardless of the reason that he missed the actual trial, Shilo Sanders is heavily contesting this “mini-trial” in order to convince the court that the $11.8 million he currently owes to Darjean should not be exempted as he seeks bankruptcy protection.

If you’re considering filing for Chapter 7 bankruptcy based on a debt that a creditor might claim is the result of your willful misconduct, you should immediately consult with a qualified attorney. At Jeff Field & Associates, we assist Georgians in these cases and can give you an honest assessment regarding whether specific debts are likely to be discharged. We have offices in Athens, Douglasville, Gainesville, Lawrenceville, Marietta and Scottdale. Please call 404-381-1278 or contact us online for an appointment.