QUESTION
Would I still have to pay the ordered judgment from the lawsuit against me if I file for bankruptcy?
Asked on Jun 26th, 2014 on Automobile Accidents - Michigan
More details to this question:
If there is someone filing a lawsuit against me for a substantial amount and a judgment has been ordered for me to pay that amount, would I still have to pay the judgment if I file for bankruptcy? The company suing is an auto insurance company.
5 ANSWERS
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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No, your debt is discharged unless the Court found it to be an intentional act.
Answered on Jun 30th, 2014 at 8:19 PM
Ronald A. Steinberg
Bankruptcy will eliminate a suit or a judgment based on negligence. If you intended to injure the person, then bankruptcy would not help you.
Answered on Jun 30th, 2014 at 8:19 PM
Business Law Attorney serving Mount Pleasant, MI
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Office of Michael Hyde PLLC
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The short answer is: No. However, it all depends on how much debt you have and how much income you have. Essentially, to qualify for Chapter 7 bankruptcy, where all debts are discharged, your income and debts should about balance. If your income or assets exceed the amount of your debt you could be placed in Chapter 13 where your debts are restructured and you continue to pay on those debts.
Answered on Jun 30th, 2014 at 8:19 PM
Criminal Defense Attorney serving Southfield, MI
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Law Offices of Ezra N. Goldman P.C.
3 Awards
Generally, judgments get discharged in bankruptcy. So you could likely escape this way, assuming you qualify.
Answered on Jun 30th, 2014 at 8:19 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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No, unless the judgment is exempt from bankruptcy.
Answered on Jun 30th, 2014 at 8:19 PM