More details to this question:
I had a car where I was paying a car note. I got into an auto accident where I wasn't the at fault driver but I don't have auto insurance and the at fault party's insurance is suggesting that I go through my own insurance to get the car fixed. Am I able to file bankruptcy to cover my debt and if so which one could I file chapter 13 or chapter 7?
5 ANSWERS
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Yes, you can file a bankruptcy and from what you have described, a chapter 7 will probably work best for you.
Answered on Sep 16th, 2017 at 7:34 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Yes, you can file bankruptcy. The debt can be discharged so long as you were not driving under the influence of alcohol or another 'substance.' No lawyer can tell you off the cuff if you should file under any particular chapter. There are many facts which must be considered. Your best bet is to find a skilled bankruptcy lawyer in your area and rely on him or her. It's almost always worth the investment.
Answered on Sep 16th, 2017 at 7:34 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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You REALLY need to talk to an attorney. First, if the other driver was at fault, then their insurance must repair your car. Second, if the other driver was at fault, you shouldn't have any debt coming from the accident.
Answered on Sep 16th, 2017 at 7:34 AM
Your eligibility for either chapter 7 or 13 is dependent upon your income, exemptible assets and debt. You should consult with a bankruptcy attorney.
Answered on Sep 15th, 2017 at 9:15 AM