Won a civil suit, atty quit, now how to collect?
Date: Thu, 06/16/2011 - 14:54
Hang on....there are certain civil judgements that are NOT disch
Hang on....there are certain civil judgements that are NOT dischargable.....the term "willful reckless" may qualify. Been googling but cannot find it....but something in the back of mind thinks that this may be a debt they cannot get out of. Wait until out BK expert rolls around.
Found some references..... [LEFT] [/LEFT] Criminal fines and de
Found some references.....
[LEFT]
[/LEFT]
Criminal fines and debts -- All court fees and court-ordered judgments related to any criminal activity cannot be discharged -- neither are any judgments or debts incurred as a result of personal injury or death to others caused by your own negligence or criminal activity;
If and when the bk is filed: If a Chapter 7 or Chapter 11 -
If and when the bk is filed:
If a Chapter 7 or Chapter 11 -
You must file a timely "523 Complaint" objecting to the discharge of the debt. Look at:
11 USC 523(a)(6) - willful and malicious injury, and/or
11 USC 523(a)(9) - death or personal injury caused by the operation of a vehicle if such operation was unlawful due to intoxication.
If you fail to timely file the complaint the debt will be discharged.
In a Chapter 13 you would look at:
11 USC 1328(a)(2) - covers 523(a)(9) listed above, and/or
11 USC 1328(a)(4) - covers willful or malicious conduct that causes personal injury or death.
Again, you must timely file a complaint or the debt will be discharged. It is strongly urged that you consult with a well qualified bk attny who handles creditor claims.
Des.