Will bankruptcy help with this situation ?
6 attorney answers
Its really simple actually in my view. If you are both LIABLE, did not have insurance to cover it, and you were NOT driving the vehicle, and even if you were if you were not under the influence was unlawful from alcohol or drugs or substance, and EVEN THEN does not matter unless there is death or personal injury to another person. Thus, property damage and any other damages would be discharged . ALL debts must be listed in ANY bankruptcy every attorney will tell you. SImple law. Whether that specific type of debt is discharged is another question. Hope you were just on title and not driving under influence causing death or personal injury.
Your asking that question implies you have not called and discussed with an experienced bankruptcy attorney near you as you would or should know the answer to that question posted here on AVVO. Other facts and issues can gravely affect your case so I will point these out for you next some issues so you know you only need to do one thing now: call an attorney near you to discuss bankruptcy. You need and want to enjoy your fresh start also. But the most important thing is to meet with an attorney as you asking this question means you have not. You care about 2 goals: keeping everything you have equity in and discharging all your debts. If you don't have any of the exceptions to discharge you will obtain that goal; most exceptions are set forth in 11 USC. 523 (Google it) like child support, some income taxes, traffic (in a ch 7) and criminal fines , and presumption of student loans. But some debts are dischargeable in a ch 13 but NOT in a ch 7 so you want to make sure and your attorney will discuss any such types with you also!
Your exemptions depend on what state you have lived in in the last 2 years and thus if in your state, then your states exemptions will apply. Most persons filing keep everything they own but your attorney will confirm that with you when they learn everything you own and the equity thereof!
Some secured debts like homes, vehicles, other secured debts an attorney will discuss your options on also as you must list any debts; but that does not mean you will lose them unless you have too much equity or are in default on paying for them! Discuss those options if they apply with your attorney too.
But other issues can arise that can greatly harm your case. Just one example: If you paid back a relative $3,000 11 months ago and now file bankruptcy next week, the trustee can SUE that relative to retrieve that $3,000 (under what is called a preference) for the benefit of the bankruptcy estate. As a result, most attorneys don't charge to meet with them the first meeting so meet with one no matter what.
Many great attorneys can be found right here on AVVO in your state so look, call, and meet one as soon as you can.
You should also want to know when to file: is there an advantage of waiting versus filing now and who should you pay between now and then! Good luck and enjoy your later fresh start.
You really need to discuss with a Bankruptcy attorney. Bankruptcy can only discharge certain kinds of debt - not all debt.
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It depends on several factors. You say the vehicle was in your name, but were you both intoxicated and driving at the time of the accident? I take it you were not driving as your wording indicates the driver as someone else other than you. Was there a personal injury involved from the intoxication? That is relevant too. Property damage debts from a DUI are possible to be included in the bankruptcy. Also, has a judgment been entered against you for the amount the carrier is claiming against you? Why is the carrier looking to you, if in fact, you were not the driver? There are many variables involved in your situation and without knowing more details, it is difficult to say.
That is a tricky set of facts. It is not clear whether that person who drove while drinking had your permission to drive the car. You didn't keep your car insured. You have to take all of the documents from the accident and actually meet with or speak with an experienced bankruptcy attorney to determine if bankruptcy would work of if the insurance company will challenge your bankruptcy. That's because debts incurred through DUI could make that bankruptcy contested. Call a bankruptcy attorney and set up a free consultation to discuss everything.
Any advice given is general in nature and cannot be relied upon until the client retains the attorney after a full interview and review of the facts of the situation. No attorney-client relationship exists until a retainer agreement is signed and fees are paid.
Maybe, but filing bankruptcy is a serious decision that depends on many factors. You certainly shouldn't do it without hiring a bankruptcy attorney.
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