Will filing bankruptcy cancel a pending judgement against me for personal injury negligence?

I am not licensed to practice law in Florida, so the following should not be taken as legal advice, but simply as information intended to be helpful. If you need legal advice, consult a lawyer licensed to practice in Florida.

That said, as a general proposition, debts occasioned by negligence are dischargeable in bankruptcy. Debts occasioned by intentional torts are not. Assuming the plaintiff's claim against you is for negligent entrustment of the vehicle to your ex, or something similar, if you went bankrupt and had no attachable assets, the judgment would likely be discharged in the bankruptcy proceeding. If you decide to pursue the bankruptcy, be sure to tell your lawyer that civil proceedings are pending against you for negligence, so that this fact will be properly disclosed in the bankruptcy and so that the parties in the civil action will receive proper notice of the bankruptcy.

I agree with Mr. Taylor's analysis of the bankruptcy issue. Do you have insurance? If so, you should report the claim to your insurance company immediately. If you have insurance that will cover this claim, you will not need to file for bankruptcy. Also, did your ex spouse have insurance coverage at the time of the accident? If so, you should also report the accident to that insurance company as well. The insurance companies may have a duty to defend the case and/or to cover any judgments or settlements arising from the case.

If neither you or your ex spouse have insurance, you should see if the claimant has uninsured motorists coverage. If so, they may be able to recover from their own insurance company without levying on your assets.

You should contact your insurance carrier if you had insurance at the time of that accident. If not, you should contact a bankruptcy attorney to consult with him/her. In Florida, there is homestead and the head of household has certain protections from garnishment etc.