Can i discharge my medical bills incurred as a result of a car accident in which i was intoxicated?

Asked over 2 years ago - Cleveland, OH

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can i discharge my medical bills incurred as a result of a car accident in which i was intoxicated?

Attorney answers (5)

  1. Pro

    Contributor Level 20

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    Answered December 16, 2010 14:23. Although you usually cannot discharge debts that occurred because you injured someone else in an accident while you were intoxicated, I believe you would probably be able to discharge your own medical debts.

    Section 523 of the Bankruptcy Code (Chapter 11 of the US Code) sets out a list of debts that cannot be eliminated in bankruptcy.

    A creditor would have to object to your discharge in order to prevent you from getting help through bankruptcy. If there is no objection, you can discharge the debt. If there is an objection, you may be able to convert the case to chapter 13.

    Hope this makes things a little clearer.

    Good luck!

  2. Pro

    Contributor Level 14

    Answered December 16, 2010 13:12. You would need to provide more information for us to help provide you with an answer.

  3. Pro

    Contributor Level 20

    Answered December 16, 2010 15:18. Check out the statute in the website. Also, medical debtss like your mentioning would probably require the creditor to take an extra step and object to discharge.

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    Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.

  4. Contributor Level 20

    Answered December 16, 2010 17:25. Your medical bills can be discharged. Causing personal injury or property damage to someone else while intoxicated is not dischargeable.

    [I am a Virginia-licensed attorney. This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    I hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!

  5. Pro

    Contributor Level 12

    Answered December 17, 2010 11:44. I agree that you should be able to discharge those medical bills. If it were a judgment against you for someone else's medical bills the issue would be a lot thornier, but as long as the medical bills are all your own with no court judgment involved, I think you are probably ok.

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