If a civil judgement is granted against me, is bankruptcy an option? 19 Answers as of December 26, 2014

15 months ago I unintentionally struck a pedestrian with a car at a slow rate of speed. I recently received notification from my insurance company that her lawyer was seeking damages above what my policy covered. I have no assets, $20000+ in student loans and work minimum wage. I also have $50000 in medical bills from a stroke. Obviously I am not able to keep up and a judgment will just sink me further. Thank you for your time.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
EDWARD P RUSSELL | EDWARD P RUSSELL
Any debts resulting from negligent action are dischargeable as well as medical bills.
Answer Applies to: Minnesota
Replied: 12/26/2014
Law Office of Marlin Branstetter
Law Office of Marlin Branstetter | Marlin Branstetter
Bankruptcy would be an option if the plaintiff receives a judgment in excess of your coverage. Your insurance carrier is obligated to defend you and many times these matters settle for the policy limits but you could file bankruptcy on any excess amount.
Answer Applies to: California
Replied: 12/26/2014
Ronald K. Nims LLC | Ronald K. Nims
Civil judgments are discharged in bankruptcy except in the limited instances where the debt is undischargeable. Generally, damages in an auto accident are dischargeable unless you were intoxicated.
Answer Applies to: Ohio
Replied: 12/23/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Civil judgment will be dischargeable in bankruptcy as will your medical debts. If your income is low then we probably can get you an extremely low or zero monthly student loan payment as well.
Answer Applies to: New York
Replied: 12/23/2014
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Yes, bankruptcy is an option. Pay an experienced BK lawyer for one hour of their time to discuss your situation. Go to the Court house before the meeting and get a copy of the judgment. Most judgments are dischargeable in bankruptcy, although some may not be. Anyway, an experienced attorney can guide you. Good luck!
Answer Applies to: Colorado
Replied: 12/23/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Certainly bankruptcy is one option you have and you may want to have a consultation with a local attorney to see if it is an appropriate option. Since you work a minimum wage job, at this point, there may be little or nothing a creditor with a court judgment can actually do to collect from you even if you don't file bankruptcy. Since knowledge is power, I suggest looking at the state exemptions to see if these laws protect everything you do own.
    Answer Applies to: Nevada
    Replied: 12/23/2014
    J.M. Cook, P.A. | J.M. Cook
    Yes it is. It is important, however, to act before the judgment is finalized - that is before you are sued and the Court enters judgment against you. A consultation with a qualified bankruptcy attorney will ensure that the judgment will not be one that is exempt from discharge. I would suggest you wait until suit is filed so that you can see what the plaintiff is alleging. It will help your atty in determining the best way to discharge your liability.
    Answer Applies to: North Carolina
    Replied: 12/23/2014
    John Ceci PLLC
    John Ceci PLLC | John Ceci
    Yes, based on your post I would say bankruptcy is something you should consider.
    Answer Applies to: Michigan
    Replied: 12/23/2014
    Davis Law SC | D. Nathan Davis
    A judgment which is not the result of recklessness, willfulness or when you were under the influence of drugs or alcohol will generally be discharged in a bankruptcy. Garnishment of wages is not an option for someone who was injured by your driving. You need to meet with an attorney to discuss your rights and liabilities. Just because someone has a judgment against you may not mean that you should file bankruptcy. Consult with an attorney to plan your future.
    Answer Applies to: South Carolina
    Replied: 12/23/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    Unless you were cited for DUI, you should be able to discharge the damages they are seeking, but it would be better to file bankruptcy before the judgment is rendered, if possible. Your medical bills from your stroke are another reason to file, since minimum wage will never pay off that debt. We could also discuss the chances you might have to discharge some or all of your student loans.
    Answer Applies to: Oregon
    Replied: 12/23/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Bankruptcy will take care if this and everything else except the student loan debt. Good luck.
    Answer Applies to: California
    Replied: 12/23/2014
    D.J. Rausa, Attorney at Law | D.J. Rausa
    A bankruptcy will help you and protect you.
    Answer Applies to: California
    Replied: 12/23/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You might well benefit from a bankruptcy, and the injury claim could well be dischargable. See an attorney with all of the details.
    Answer Applies to: Michigan
    Replied: 12/23/2014
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Yes, unless you were drinking or wanton.
    Answer Applies to: Alabama
    Replied: 12/23/2014
    Thomas Vogele & Associates, APC | Thomas A. Vogele
    You are essentially judgment proof at this juncture, however, that can change. If you. Get a better job, inherit money or even win the lottery, your creditors can seize those. You can file bankruptcy but your Student loans will not be discharged and the personal injury can be deemed nondischargeable if the victim sues you in your bankruptcy case. You need to make an appointment with a good bankruptcy attorney and discuss you options immediately. Good luck.
    Answer Applies to: California
    Replied: 12/22/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    It sounds as though bankruptcy might well be a viable option for you. You should schedule an initial consultation with an experienced bankruptcy lawyer nearby to explore your options. Good luck!
    Answer Applies to: Colorado
    Replied: 12/22/2014
    Stephens Gourley & Bywater | David A. Stephens
    Yes, although it may not help the student loan.
    Answer Applies to: Nevada
    Replied: 12/22/2014
    Richard West Law Office
    Richard West Law Office | Richard West
    Civil judgments are dischargeable. I am a certified student loan counselor, as well as a board certified consumer bankruptcy specialist, so I can tell you that bankruptcy does not normally discharge student loans, but you may qualify for other student loan relief. I assume you were not cited for DUI.
    Answer Applies to: Ohio
    Replied: 12/22/2014
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    It is probably dischargeable.
    Answer Applies to: Washington
    Replied: 12/22/2014
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney