Loxley, AL asked in Bankruptcy and Car Accidents for Alabama

Q: Can you file chapter 7 on a miscellaneous circuit civil case involving automobile accident in Alabama

Related Topics:
4 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Yes. However, it it involves injuries resulting from s DUI, it will not be dischargeable.

Kevin M Rogers
Kevin M Rogers
Answered
  • Bankruptcy Lawyer
  • Boise, ID

A: Under section 727 the Court may deny you a "discharge" if the accident was your fault and you were drunk at the time. Otherwise, any and all damages flowing from the accident are nothing more than "debts" which are dischargeable.

Theodore L. Hall
Theodore L. Hall
Answered
  • Bankruptcy Lawyer
  • Mobile, AL
  • Licensed in Alabama

A: Yes, unless the claim against you includes damages for death or personal injury caused by your operation of the automobile while intoxicated. If your driver's license or car tag was pulled because you didn't have liability insurance, you can get the license or tag back, once you file bankruptcy, PROVIDED you obtain liability insurance going forward.

Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: If you intended to cause the crash--i.e. rammed the other car, that also would not be dischargeable.

However if you are asking because someone sued you and the insurance company said "we only cover you so far," talk to the attorney they get you before filing--filing for bankruptcy can affect other aspects of your life and the attorney making the claim has no interest on levying on you, your house, your earnings in nearly all cases.

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.