Which bankruptcy can I file? 6 Answers as of September 18, 2017

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?

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GARCIA & GONZALES, P.C. | Richard N. Gonzales
Chapter 7.
Answer Applies to: Colorado
Replied: 9/18/2017
Ronald K. Nims LLC | Ronald K. Nims
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.
Answer Applies to: Ohio
Replied: 9/16/2017
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You need to see a lawyer. The difference between a 7 and 13 is more than I can explain here.
Answer Applies to: California
Replied: 9/16/2017
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
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.
Answer Applies to: Wisconsin
Replied: 9/16/2017
OlsenDaines | Rex Daines
Yes, you can file a bankruptcy and from what you have described, a chapter 7 will probably work best for you.
Answer Applies to: Oregon
Replied: 9/16/2017
    Law Office of Kimberly Fives | Kimberly Fives
    Your eligibility for either chapter 7 or 13 is dependent upon your income, exemptible assets and debt. You should consult with a bankruptcy attorney.
    Answer Applies to: California
    Replied: 9/15/2017
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