Can you bankrupt negligent and malicious civil damages?

Asked almost 2 years ago - Manteca, CA

I was awarded damages for negligence and my judgement says this negligence damages related to a civil code 56.36. Someone told me this person is going to file bankruptcy because I got a writ at the sheriff. What she did was a crime but she was not charged instead she was given 1000.00 judgement can she discharge it?

Attorney answers (3)

  1. 2

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    Answered . If I understand your question - it is whether certain damages can be discharged in bankruptcy. You may want to consult with a local lawyer for specifics. Damages for negligence may be dischargeable. But, generally damages associated with intentional acts/punitive damages are less likely to be discharged. You should consult with a local lawyer to give you a specific answer in your jurisdiction. Good luck.

  2. 4

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    Answered . Damages awarded for intentional torts such as a DUI, etc, are typically not dischargeable in bankruptcy.

  3. 1

    Lawyer agrees

    Answered . Probably. Bankruptcy is about giving debtor's a fresh start. Only certain debts cannot be discharged. As pointed out, if the claim was for negligence, odds are, the claim can be discharged in bankruptcy. If she was convicted of a crime and is paying restitution, then that debt would not be discharged. But if this is a civil matter, the debt is probably dischargeable.

    The only way to know is have, and pay, an attorney to review the underlying court case.

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