I have been sued for an ungodly amount and was wondering if they win can I file bankruptcy afterward. I dont have the money and there is know way I can pay it.
2007-09-23 14:02:20 · 6 answers · asked by a a 1 in Business & Finance ➔ Personal Finance
Depends on the state, but for most yes. You will have to fill out a report and make payments but for the most part it will be forgiven.
2007-09-23 15:12:29 · answer #1 · answered by toledogolf 4 · 0⤊ 0⤋
As others have accurately pointed out, personal injury claims arising out of a drunk driving case. Unless it was a DUI case, there isn't any reason the why the claim could not be discharged.
The specific decision to file for bankruptcy must include a look at the totality of your circumstances. You may have assets that you would lose in a Chapter 7 case, so a Chapter 13 might be better. It may be possible that the case will settle within the policy limits of insurance and you might not need to file at all.
If you are liable, demand that your carrier settle the matter within policy limits. And just in case, contact a local bankruptcy attorney for a consultation.
2007-09-26 16:21:41 · answer #2 · answered by Carl 7 · 0⤊ 0⤋
The only thing that I found relevant to your inquiry was this:
"A personal injury defendant cannot discharge a debt which arose from injuries he or she caused when operating a motor vehicle while intoxicated. 11 U.S.C. 523(a)(9)."
Everything else I have read indicates that you can discharge a personal injury judgment through bankruptcy. The same standards will apply as to any filing, you will have to meet the standards governing which chapter is applicable for you.
2007-09-23 16:17:00 · answer #3 · answered by haggamuffn 2 · 0⤊ 0⤋
Bankruptcy will allow you to discharge most personal injury cases. As pointed out, you cannot discharge a debt arising from a motor vehicle accident while intoxicated. Also, you cannot discharge intentional torts (11 USC sec 523(a)(6) excepting discharge of willful or malicious injuries to another).
2007-09-24 16:48:00 · answer #4 · answered by DLeibowitz 5 · 0⤊ 0⤋
IMO filing for bankruptcy is just theft. Do you owe the money? You did put the charges on the card right? You got the benefit right? So if you do not pay the money you stole from the credit card company. As far as late payments, you can set up your bank account via the internet to automatically pay he minimum on each card well ahead of the due date....It is your responsibility to pay on time and if you look at the info the credit card company sent you, it clearly says what they will do if you are late..
2016-05-17 07:01:08 · answer #5 · answered by ? 3 · 0⤊ 0⤋
Can I file bankruptcy after being sued for a personnel injury case?
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2015-01-08 13:50:12 · answer #6 · answered by Anonymous · 0⤊ 0⤋