Q: I LIVE IN Michigan. I filed chapter 7 bankruptcy, a car was included.I gave it back smashed up after discharge.
Can they sue me for it?
A: A: You will not owe on the car loan; however, (1) if the accident was prior to the filing, and you had insurance, the claim could be part of the Bankruptcy, for both property damage and personal injury; (2) if the accident was after filing, the insurance proceeds for the property damage to you car could be part of the bankruptcy, but you retain your PI rights and any liability to third parties, including to the Bankruptcy court if the insurance is insufficient to cover the prefiling market value of the vehicle.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
