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Can i be sued from a accident while im on bankruptcy?

Montgomery, AL |

I was in a accident with a motorcyle and the accident report was all wrong. But it was my moms car and the issurance was two weeks past due. So now the person is trying to sue me. I dont make much money and paying my bankruptcy fees. Can i still be sued?

Attorney Answers 4


  1. You should talk to your bankruptcy attorney about adding it to your bankruptcy. They would be the best person to tell you if you can be sued. You might need to get an attorney to talk to you about the accident.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.


  2. It depends if you were discharged. You should speak with your attorney.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com


  3. A bankruptcy automatic stay, and then discharge injunction, can protect you from collection activity arising from any obligation incurred prior to the filing of the bankruptcy petition. Debts accruing after that date, as a general rule, are collectible as if the bankruptcy did not exist.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.


  4. You wrote, "Can i be sued from a accident while im on bankruptcy?"

    A: Yes

    Whether the (potential) liability is subject to a discharge in bankruptcy will depend on:

    1. Whether the potential liability occurred prior to the filing of the bankruptcy, and
    2. If the potential liability was incurred prior to filing the bankruptcy, if it is subject to an exception to discharge under bankruptcy

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