QUESTION
Can he file for bankruptcy since we do not have the means to pay this debt?
Asked on Jul 30th, 2013 on Bankruptcy - New Jersey
More details to this question:
My husband got into a car accident back in 2004 and the car he was driving was not insured. He hadn't been able to pay the debt of $20,000 at the time and it is now $40,000.
12 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Yes, he can. He can file a chapter 7 to discharge any unsecured debts.
Answered on Aug 05th, 2013 at 10:56 AM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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If he was not intoxicated at the time of the wreck, he should be able to resolve it by filing bankruptcy.
Answered on Jul 31st, 2013 at 1:42 PM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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As long as the accident was not due to drunk driving.
Answered on Jul 31st, 2013 at 12:22 AM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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I'm sorry but without knowing more details about your income and assets it's impossible to say if bankruptcy is appropriate and which bankruptcy chapter is possible. There is not enough facts here to answer this question and the question is seeking advice whether you can and maybe you should file for bankruptcy. Often people will ask if they can sue. Sure, why not. The true question is what are the chances they will prevail in a lawsuit? What are the costs involved? This requires more of a costs/benefit analysis. An attorney will want to look at your financial picture and examine certain details before rendering legal advice as to whether filing is feasible, appropriate, recommended.
Answered on Jul 30th, 2013 at 10:00 PM
William A. Siebert
Bankruptcy does not relieve you of that particular debt, if your husband had been drinking at the time of the accident.
Answered on Jul 30th, 2013 at 10:00 PM
You spouse may be able to file bankruptcy & discharge this obligation but if criminal charges were involved, such as a drunk driving conviction, it is possible he would still have to pay. I would urge your spouse to consult with a bankruptcy attorney in your community in person & show the court paperwork.
Answered on Jul 30th, 2013 at 10:00 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally yes, but see an attorney before taking action.
Answered on Jul 30th, 2013 at 10:00 PM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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The liability from a car accident can be discharged in bankruptcy (though there is an exception if based on a DUI). Also, if the drivers license was suspended based on inability to pay the debt, the bankruptcy filing would enable the obtaining of a valid license.
Answered on Jul 30th, 2013 at 2:37 PM
Regulatory Attorney serving Spokane, WA
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Deissner Law Office, P.C.
Unless he was driving intoxicated you can discharge that debt in Bankruptcy that means yes, you can file.
Answered on Jul 30th, 2013 at 1:50 PM
General Practice Attorney serving Coeur d'Alene, ID
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Michael B. McFarland, PA
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Probably. However, if he was driving while intoxicated, or if he was ordered to pay restitution upon conviction of a crime, the debt may not be dischargeable. He needs to talk to an experienced bankruptcy attorney, who can review the documents regarding the claim to make sure, in advance of filing.
Answered on Jul 30th, 2013 at 1:02 PM
Yes, that kind of debt is dischargeable in bankruptcy.
Answered on Jul 30th, 2013 at 1:01 PM
General Law Attorney serving Cherry Hill, NJ
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Mark S. Cherry, Attorney at Law, PC
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Possibly, It depends on your income assets and debts and if the accident was the result of a dui.
Answered on Jul 30th, 2013 at 12:31 PM