QUESTION
Can my husband file bankruptcy if he got into a car accident back in 2004?
Asked on Jul 31st, 2013 on Bankruptcy - Idaho
More details to this question:
The car he was driving was not insured. He was not charged with careless driving and it was not a criminal charge for the accident. He hadn't been able to pay the debt of $20,000 at the time and it is now $40,000.
8 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Yes. He can file a chapter 7 bankruptcy and discharges the debt and any other unsecured debts. He will have to meet the qualifications to file a chapter 7.
Answered on Aug 13th, 2013 at 10:13 AM
Richard hirsh
It would appear that this debt is dischargeable in a chapter 7.
Answered on Aug 01st, 2013 at 7:15 PM
With the facts that you set forth, the debt should be dischargeable in bankruptcy. In addition if your husband lost his driving privileges as a result of an unpaid judgment arising from the accident, the bankruptcy discharge should pave the way for your husband to get his license back, providing the appropriate paperwork is submitted to DMV.
Answered on Aug 01st, 2013 at 5:15 PM
General Law Attorney serving Cherry Hill, NJ
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Mark S. Cherry, Attorney at Law, PC
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Possibly, depending on income and assets and so long as the accident was not a DUI.
Answered on Jul 31st, 2013 at 8:41 PM
Yes, people often file Bankruptcy for just this type of situation.
Answered on Jul 31st, 2013 at 4:29 PM
Bankruptcy Attorney serving Dallas, TX
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Polk & Associates
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Yes, he is allowed to file bankruptcy if that's what he'd like to do. The debt you described can be addressed in the bankruptcy case, as well as dealing with all of the other debts he has.
Answered on Jul 31st, 2013 at 1:32 PM
Yes, that is a debt that is dischargeable in bankruptcy.
Answered on Jul 31st, 2013 at 1:25 PM
General Practice Attorney serving Coeur d'Alene, ID
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Michael B. McFarland, PA
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If he has not filed bankruptcy within the last 8 years, and assuming certain income and asset limitations, he is probably eligible to file. However, he should talk to an experienced bankruptcy attorney to verify his eligibility, as well as to confirm that this debt is dischargeable. From the information you provided, it appears likely that he could get rid of this through bankruptcy - but he should use an attorney, rather than trying to do it himself.
Answered on Jul 31st, 2013 at 1:24 PM