Can you claim bankruptcy on a civil suit? 14 Answers as of August 12, 2013

It is a personal injury case. My son was 17 years old and the kid was 14. They are trying to sue us civilly.

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Law Office of Thomas C. Phipps | Thomas C Phipps
You can discharge the debt unless the driver was under the influence of alcohol or drugs.
Answer Applies to: Missouri
Replied: 8/12/2013
Colorado Legal Solutions
Colorado Legal Solutions | Stephen Harkess
Bankruptcy will affect a civil suit. Whether the debt is discharged will depend on the nature of the lawsuit. Some times of claims cannot be discharged in bankruptcy. Most negligence claims that do not involve drunk driving can be discharged. You need to review the lawsuit with a bankruptcy attorney.
Answer Applies to: Colorado
Replied: 8/1/2013
Hayward, Parker, O'Leary & Pinsky, Esqs.
Hayward, Parker, O'Leary & Pinsky, Esqs. | Michael O'Leary
If you, the parent, are listed as a party defendant in a State Court lawsuit because your son is underage, you can easily discharge the debt via a bankruptcy filing. Even if your son's actions were willful and malicious, such actions would not be imputed to you so as to give rise to an objection under 523(a)(6). However, if (1) the other party commences litigation directly against your son after he has turned 18, and (2) your son files bankruptcy in response to such litigation, the other party could obtain a Bankruptcy Court determination that the debt owed by the son is not dischargeable. To achieve this result the other party would have to (1) file a timely Adversary Proceeding in your son's bankruptcy case and (2) establish that your son inflicted willful and malicious injuries upon him. The willful and malicious standard is a very high bar, and is generally difficult to prove. If a timely Adversary Proceeding was not commenced, your son's debt to the other party would be discharged in bankruptcy.
Answer Applies to: New York
Replied: 8/1/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, file on this.
Answer Applies to: California
Replied: 8/1/2013
Bordeaux Law, P.C.
Bordeaux Law, P.C. | Clifford Bordeaux
Yes. If you are being sued vicariously for injuries caused by your son, then you are probably being sued for negligent supervision. Negligence claims are generally dischargeable in bankruptcy.
Answer Applies to: California
Replied: 7/31/2013
    Mark S Cherry, Attorney at Law, PC
    Mark S Cherry, Attorney at Law, PC | Mark Cherry
    Probably if your income assets and liabilities meet the tests. Also, if the civil judgment is not the result of a dui or intentional act it is probably dischargable in bankruptcy.
    Answer Applies to: New Jersey
    Replied: 7/31/2013
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Yes these types of debts are generally dischargeable in bankruptcy.
    Answer Applies to: California
    Replied: 7/31/2013
    Underwood & Riemer, P.C.
    Underwood & Riemer, P.C. | James D. Patterson
    Yes, you can include civil cases/judgments in your bankruptcy. However, if a judgment is entered against you and part of the award is for punitive damages, that is generally not dischargeable in a bankruptcy. Once your attorney files your bankruptcy, they will file a motion with the civil court stating a bankruptcy was filed for you and the court will generally place the case on a disposition docket.
    Answer Applies to: Alabama
    Replied: 7/31/2013
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    Unless the acts in questions fall under one of the exceptions for discharge (death or personal injury while Debtor was intoxicated, fraud, malicious injury, etc.), the debt is likely dischargeable in a Chapter 7. Talk to an attorney.
    Answer Applies to: Wisconsin
    Replied: 7/31/2013
    Stephens Gourley & Bywater | David A. Stephens
    Yes you can. You should turn the claim over to your insurance company.
    Answer Applies to: Nevada
    Replied: 7/31/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Yes, people often file bankruptcy because of a civil suit.
    Answer Applies to: Nevada
    Replied: 7/31/2013
    Johnson Law, PLLC | Todd Johnson
    Civil personal injury claims are regularly dischargeable in bankruptcy. However, it is possible that the underlying facts of the case could make it non-dischargeable (under 11 USC 523's Exceptions to discharge).
    Answer Applies to: West Virginia
    Replied: 7/31/2013
    Danville Law Group | Scott Jordan
    Yes, you can declare bankruptcy and discharge liability for a civil lawsuit. Was your son driving an insured vehicle? Was the accident alcohol or drug related?
    Answer Applies to: California
    Replied: 7/31/2013
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    A bankruptcy discharges nearly all debts. There are ten or twelve exceptions, mostly involving fraud, intentional harm to another person or property (as opposed to accidental harm), and several others.
    Answer Applies to: Wisconsin
    Replied: 7/31/2013
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