Can I file bankruptcy if I was involved in a car accident involving a police cruiser? 12 Answers as of January 23, 2017

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

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GARCIA & GONZALES, P.C. | Richard N. Gonzales
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.
Answer Applies to: Colorado
Replied: 1/23/2017
Ronald K. Nims LLC | Ronald K. Nims
Bankruptcy will discharge the liability on the car accident.
Answer Applies to: Ohio
Replied: 1/16/2017
Patrick W. Currin, Attorney at Law | Patrick Currin
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.
Answer Applies to: California
Replied: 1/14/2017
The Orantes Law Firm
The Orantes Law Firm | Giovanni Orantes
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.
Answer Applies to: California
Replied: 1/14/2017
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes you can do that as long as it was truly an accident and not some form of DUI. You need to consult with a lawyer to determine what type of bankruptcy is best for you since it appears you have assets. Do NOT see a lawyer that only files Chapter 7 cases. His or her advice will limited.
Answer Applies to: California
Replied: 1/14/2017
    Stephens Gourley & Bywater | David A. Stephens
    Yes, you can as long as you were not under the influence at the time of the accident.
    Answer Applies to: Nevada
    Replied: 1/14/2017
    Yes, you can certainly file bankruptcy on that obligation.
    Answer Applies to: Michigan
    Replied: 1/14/2017
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    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.
    Answer Applies to: Nevada
    Replied: 1/14/2017
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    You can, but we need to look at your income and assets.
    Answer Applies to: Florida
    Replied: 1/14/2017
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    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.
    Answer Applies to: Wisconsin
    Replied: 1/14/2017
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    You should talk to an attorney about the car accident case before you do anything. You can bankrupt an accident case.
    Answer Applies to: Alabama
    Replied: 1/14/2017
    Garner Law Office
    Garner Law Office | Daniel Garner
    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.
    Answer Applies to: Oregon
    Replied: 1/14/2017
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