Metuchen, NJ asked in Bankruptcy for New Jersey

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.

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5 Lawyer Answers
Karra Kingston
Karra Kingston
Answered
  • Bankruptcy Lawyer
  • Staten Island , NY

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

Leonard R. Boyer
Leonard R. Boyer
Answered
  • Bankruptcy Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

A: You really need to retain an experienced Bankruptcy attorney to represent you in this matter. Bankruptcy is very complex and far more than merely filing out forms. During this pandemic, you have a choice of either seeing your attorney in person or by way of a secure state of the art Zoom Video Conference. So you don’t have to be restricted by geography any more in terms of choosing an attorney. You can “Meet” your attorney online for an initial strategy session from the comfort of your own home. Through mail, e-mail and electronic filing almost everything can be done without leaving your home, for most types of cases. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.

Stuart Nachbar
Stuart Nachbar
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Livingston, NJ
  • Licensed in New Jersey

A: It is potentially dischargeable provided same is not the result of alcohol

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Yes as long as there was not a dui in the accident case.

Michael David Siegel
Michael David Siegel
Answered
  • Bankruptcy Lawyer
  • New York, NY
  • Licensed in New Jersey

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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