I was in an accident 3 years ago , I recently got a civil judgment against me and I'm in the process of filing bankruptcy.I was sued by insurance company. I get mixed information about it being a discharged debt. I'm already paying fines and restitution this is for the property damage. I've been told that property damage can be discharged unless insurance company fights it during bankruptcy.
It depends. If the judgment is only for property damage, yes. If the judgment includes personal injury, no.
See 11 U.S.C section 523. “Exceptions to discharge.
(a) A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt—
(9) for death or personal injury caused by the debtor=s operation of motor vehicle if such operation was unlawful because the debtor was intoxicated from using alcohol, a drug, or another substance....”
My answers are for general information only. They are not legal advice. Answers assume California law. I am licensed in California, only. Answers must not be relied upon.<br> <br> Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. <br> <br> I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us.<br> <br> The communications on this website are not privileged or confidential. I assume no duty to anyone by my participation on Avvo because I have answered or commented on a question. Specifically, I assume no duty to respond to any question, comment, telephone call, or email.<br> <br> All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult an attorney licensed in the appropriate jurisdiction for advice and counsel. See, also, Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.<br>
8 lawyers agree
Chapter 7 Bankruptcy Attorney
It depends on whether or not the accident was connected to the commission of a certain type of crime. For example, if you were cited for reckless driving or speeding, the debt most likely would be eligible to be discharged. But if you were convicted of a drunk or drugged driving offense, that is a different story. See 11 USC sec 523 for more information. Hope this perspective helps!
4 lawyers agree
Estate Planning Attorney
Section 523(a) (9) states in relevant part that a discharge is not available to an individual debtor from any debt "for death or personal injury caused by the debtor's operation of a motor vehicle, vessel, or aircraft if such operation was unlawful because the debtor was intoxicated from using alcohol, a drug, or another substance". If the judgment is for property damage, you can discharge it. If a judgment is based on personal injury or death as a result of your DUI, the it cannot be. If the judgment is for both, then you shuold be able to bifurcate it and discharge the property damage part.
10 lawyers agree
Certain debts are deemed "non-dischargeable" and include debts associated with DUI. However, unless a creditor seeks a court determination as to the dischargeabity of its debt, it will be discharged. Consult/contact a BK lawyer in your area by clicking the "Find a Lawyer" tab on the AVVO website. Good luck.
You are not my client and I am not your attorney. This advice is given in the spirit of the AVVO platform and is based on general legal principles. You become a client when you enter into a formal retainer agreement with me.