CAN A PERSONAL INJURY ACCIDENT BE DISCHARGED IN BANKRUPYCY COURT IN CALIFORNIA

WILL BE GETTING A JUDGEMENT SHORTLY FOR ME. WILL THE PARTY AT FAULT BE ABLE TO FILE BANKRUPTCY WHEN THIS HAPPENS?

Inglewood, CA -

Attorney Answers (9)

Richard Andrew Harting

Richard Andrew Harting

Personal Injury Lawyer - Long Beach, CA
Answered

a personal injury judgment can be discharged in bankruptcy, unless you have an award inclusive of punitive damages, such as stemming from a DUI. Note, if there is going to be a BK, it is always better for you to go in with a judgment, then just a claim for damages

Sponsored Listing
Deborah Barron

Deborah Barron

Personal Injury Lawyer - Sacramento, CA
Answered

The defendant can file bankruptcy to discharge the judgment so you can not proceed with collection unless the judgment is based on a finding of fraud in which case it may not be dischargeable. Threatening to file bankrutpcy could be a negotiating tactic to settle the judgment for less than the full amount and then avoid filing bankruptcy.

Barron Law Corporation Sacramento & San Francisco. 916-486-1712 or 800-529-5908. Email Deborah at: deborah.... more
Robert Bruce Kopelson

Robert Bruce Kopelson

Personal Injury Lawyer - San Jose, CA
Answered

Yes it could be discharged. There are certain claims that are non dischargeable (sec 523). You should consult with local BK atty. If you are going to get a judgment, there are certain key elements to try to prove and have included in your judgment, so you can try to prevent it from being discharged. If you have the right facts and findings in the judgment, you can win in BK court.

Scott J. Corwin

Scott J. Corwin

Car / Auto Accident Lawyer - Los Angeles, CA
Answered

If you are currently represented, then I would strongly recommend that you discuss your current options with your attorney.

Christian K. Lassen II

Christian K. Lassen II

Personal Injury Lawyer - Philadelphia, PA
Answered

I agree with Harding.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
Cory Russell Weck

Cory Russell Weck

Personal Injury Lawyer - Redlands, CA
Answered

I agree with the other attorneys. The defendant can discharge the judgment unless there was an award for punitive damages. If there is insurance involved you still have options, but you will be dealing with them in bankruptcy court. If you are represented by counsel, you should talk to your attorney about your options.

Michael Ryan Juarez

Michael Ryan Juarez

Personal Injury Lawyer - San Diego, CA
Answered

Anyone can file bankruptcy. If they do can seek to be paid before the bankruptcy is granted. Speak with a bankruptcy attorney asap.

-Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.... more
Justin Drayton Graham

Justin Drayton Graham

Personal Injury Lawyer - Culver City, CA
Answered

If your injuries were the result of ordinary negligence, the debt could be discharged in bankruptcy.

Kevin Coluccio

Kevin Coluccio

Brain Injury Lawyer - Seattle, WA
Answered

Mr Harding has set forth the issues properly.

Related Advice

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.