Giuliani Looks to Toss Bankruptcy Lawsuit Over ‘Malicious’ Claim

Rudolph Giuliani took his first step toward seeking the dismissal of a lawsuit that poses the question most critical to his bankruptcy.

The Georgia election workers who won a $148 million judgment against the former New York mayor have asked the judge overseeing his Chapter 11 case to determine that the debt he owes them can’t be discharged through bankruptcy. The judgment, which came after a court found that he defamed the pair by falsely accusing them of election fraud, makes up the vast majority of Giuliani’s overall debt.

The Georgia election workers, Ruby Freeman and Wandrea’ ArShaye “Shaye” Moss, argued in their February lawsuit that the judgment can’t be thrown out under bankruptcy law because it was accrued through “willful and malicious injury.”

Giuliani on Wednesday filed his first formal response to the suit, demanding that it be dismissed. He maintained that he “did not engage in any willful or malicious conduct.”

Giuliani filed Chapter 11 late last year, shortly after he lost the defamation suit. He lost a bid last week to have the judgment reduced.

Freeman and Moss are represented by Willkie Farr & Gallagher LLP. Giuliani is represented by Berger, Fischoff, Shumer, Wexler & Goodman, LLP.

The case is Freeman et al v. Giuliani, Bankr. S.D.N.Y., No. 24-01320-shl, 4/24/24