QUESTION
Can I file bankruptcy if I was involved in a car accident involving a police cruiser?
Asked on Nov 28th, 2016 on Bankruptcy - California
More details to this question:
I was in an auto accident a couple months ago involving a police cruiser. The cruiser was totaled an I just received a bill for 50,000 for the car and equipment. Okay now with the insurance. I own a small car dealership and I was driving on dealer plates along with dealer insurance. Now the car I was driving was recently paid off and I forgot to switch the title over to the dealership. So that's why insurance will not pay. So I am wondering if I can file bankruptcy on the damages. Thank you for your help
8 ANSWERS
I think so. Pay an experienced BK lawyer for one hour of their time to be doubly sure. I'm assuming there was no alcohol involved, and I'm assuming their is no criminal restitution Court Order involved.
Answered on Jan 23rd, 2017 at 6:25 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Bankruptcy will discharge the liability on the car accident.
Answered on Jan 16th, 2017 at 3:25 AM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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You may be able to get relief through a bankruptcy filing. How much depends on what chapter you qualify for and what assets you may exempt. Also, it may depend on whether the incident with the cruiser was intentional or not, but I would think it was not intentional. Since you own the small dealership, your case requires special attention to make sure you can get the relief you seek.
Answered on Jan 14th, 2017 at 5:25 AM
You CAN file bankruptcy as long as you are otherwise qualified to do so. However, filing bankruptcy does not guarantee that this debt will be eligible to be discharged or eliminated by the bankruptcy. For example, if you were convicted of impaired driving in connection with this accident, under 11 USC sec 523, this obligation may be ineligible for a discharge in bankruptcy. Also, filing bankruptcy may come with repercussions you have not considered. In most instances, that small car dealership you own will now belong to your creditors and will be sold to pay your debts. So you may want to meet with a local attorney to consider other options besides bankruptcy to resolve this problem.
Answered on Jan 14th, 2017 at 5:24 AM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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Yes, you can certainly file bankruptcy on that obligation.
Answered on Jan 14th, 2017 at 5:24 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Assuming you were not intoxicated at the time of the accident, your obligation to pay damages is dischargeable. Remember that when you file BR, you must list all your debts and all your property. You cannot usually pick and choose. Best advice: find an experienced bankruptcy lawyer. It's almost always worth the investment.
Answered on Jan 14th, 2017 at 5:23 AM
Typically a bankruptcy would discharge your liability for the damages, but if you own a car dealership, you need to carefully evaluate the impact a bankruptcy would have on your business. You definitely need legal counsel.
Answered on Jan 14th, 2017 at 5:23 AM
The answer to your question is the nature of the debt. If you were merely careless and the damages are civil in nature then yes, they can be discharged. If they are the result of criminal activity and are termed "restitution" bankruptcy will not help you.
Answered on Jan 14th, 2017 at 5:22 AM