QUESTION
Can I file bankruptcy on a civil lawsuit from an insurance company?
Asked on Apr 24th, 2016 on Bankruptcy - Ohio
More details to this question:
I have been sued by an insurance company because I sold a car to a man that I was taking the car to and was hit by another car on the way. I never had insurance nor tags. Now I am being sued for $89,000. They have been garnishing my payroll check for 3 years now for almost $300 a payday. I’m barely bringing home $420 every two weeks and I pay $400 alone in just rent and that’s not including my utilities. I can’t even afford to buy a car after mine tore up. Plus I’m a sick woman who has had lung cancer and can barely breathe as it is but I have to work because I’m divorced and live alone. I don’t have anyone to help me pay my bills. I’m a nursing assistant and that isn’t an easy job. I don’t know how much longer I can hang on.
6 ANSWERS
2 Awards
Yes, you may file bk on a civil suit/judgment. S
Answered on May 23rd, 2016 at 5:28 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Do long as you were not intoxicated when the automobile accident took place, the debt should be dischargeable.
Answered on May 23rd, 2016 at 5:28 PM
So I cannot figure out why you have waited for 3 years to seek legal help. This is exactly the type of debt that bankruptcy can and does discharge.
Answered on May 23rd, 2016 at 5:28 PM
An attorney needs to look at the civil judgment. Assuming the judgment is NOT for fraud or some other intentional misrepresentation, you are probably going to be able to discharge the judgment. A definitive answer can not be giving without looking at that civil judgment.
Answered on May 23rd, 2016 at 5:27 PM
As long as there was no criminal element, yes, you can get rid of the debt via BK.
Answered on May 23rd, 2016 at 10:16 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Generally, liability from a civil lawsuit from a vehicle accident is dischargeable in bankruptcy.
Answered on May 23rd, 2016 at 10:05 AM