Q: Would a judgement received as a result of a personal injury case from an auto accident be dischargeable in bankruptcy?
My husband just learned that there was a $75k judgment against him and his co-defendant in a personal injury case from 2007, but judgment was placed in 2010 without him ever receiving any notice for court, about the judgment, etc. He was aware of the case and got to the point where they were discussing settlement with all parties, then we heard nothing and now we were trying to get a home loan, it just came up in a title search. Would this be potentially dischargeable? Is there anyway to reverse this and get the opportunity to change it or address it in another way, through insurance or otherwise? He is currently unemployed and unable to pay such a debt at this time. We were unaware of the finalization of case and were caught by surprise. There's no alcohol involved, but his codefendant dragged the person with the car while trying to rob him, this injuring him. My husband was in the car as passenger but charged equally as accessory to attempted robbery.
A: Yes, it could be discharged in bankruptcy. As long as it wasn’t for drinking and driving
Leonard R. Boyer agrees with this answer
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A: It is potentially dischargeable provided same is not the result of alcohol
A: Yes as long as there was not a dui in the accident case.
A: It is most likely dischargeable, but there are exceptions. The language of the judgment is key. However, you might be able to make a motion in the State court to vacate the default. If you are filing for bankruptcy anyway, I would deal with it there. If this is the only debt, I would pursue state court first. You still can do a bankruptcy if State court does not work out.
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