Which bankruptcy do you file for damages to a car with no insurance? 12 Answers as of March 11, 2014

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GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Typically, Chapter 7.
Answer Applies to: Colorado
Replied: 3/11/2014
Steele, George, Schofield & Ramos, LLP
Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
The Bankruptcy Chapter under which you file is determined by an analysis of all of your assets, liabilities, income and expenses, not one particular fact.
Answer Applies to: California
Replied: 3/10/2014
Law Offices of Eric W. I. Anglin
Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
You will file chapter 7 or 13 depending on your income level and other factors that you need to discuss with an attorney.
Answer Applies to: Indiana
Replied: 3/10/2014
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
Your question cannot be answered simply. What type bankruptcy you file is not determinative by the type debt you owe, but also your income and circumstances. If you are eligible for a chapter 7 based upon your income, then this type bankruptcy will discharge your obligation to pay the unsecured debt. I assume you have a car lien on the damaged vehicle. If so, the bank will still be entitled to the vehicle.
Answer Applies to: Nevada
Replied: 3/11/2014
Law Office of Marlin Branstetter
Law Office of Marlin Branstetter | Marlin Branstetter
The fact that the car was uninsured does not affect which chapter of bankruptcy you would file. That would be determined by you income and your overall ability to repay your debts. You should contact an experienced bankruptcy attorney for assistance.
Answer Applies to: California
Replied: 3/10/2014
    Danville Law Group | Scott Jordan
    You can file either a Chapter 7 or 13 depending on a number of financial factors. Please consult with a local bankruptcy attorney for assistance.
    Answer Applies to: California
    Replied: 3/10/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Any form of bankruptcy can discharge a debt due to a noncriminal motor vehicle accident. To determine which form of bankruptcy you should file requires calculation of your income and expenses to see how much money you have available to use towards paying debts, among other considerations.
    Answer Applies to: Nevada
    Replied: 3/10/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    What chapter you are eligible for does not depend on what the debt is for. If there was a criminal charge, restitution is not dischargeable.
    Answer Applies to: California
    Replied: 3/10/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If you are surrendering the car back to the lender then you could file a chapter 7 bankruptcy.
    Answer Applies to: New York
    Replied: 3/10/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    It will depend upon your household size and household income. Either type of case will help, but without a complete analysis of your financial picture it is impossible to know what you are eligible to file.
    Answer Applies to: Colorado
    Replied: 3/10/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    Well, you have not given much detail, but a Chapter 7 would be the best. But it will only cover property damage, not personal injury.
    Answer Applies to: California
    Replied: 3/10/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    Property damage alone can be discharged in a Chapter 7, if you qualify on the basis of the means test and haven't had a prior bankruptcy in the last 8 years. Otherwise, you may have to file under Chapter 13 and repay as much of the debt as you can afford.
    Answer Applies to: Oregon
    Replied: 3/10/2014
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