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Won a civil suit, atty quit, now how to collect?

Date: Thu, 06/16/2011 - 14:54

Submitted by anonymous
on Thu, 06/16/2011 - 14:54

Posts: 202330 Credits: [Donate]

Total Replies: 3


Won a civil suit over a car accident, willful reckless actions causing the death of a spouse. Was told that the judgment debtor could file bankruptcy and erase the debt. Have not seen a dime, was thinking of pursuing action with a new attorney to collect, but can they (2 defendants, judgments against both) just file bankruptcy and erase these judgments? I know the likelihood of the entire award being recovered is outrageously slim, but would be nice to have at least my costs reimbursed. The award was there for a reason.


Found some references.....

[LEFT]
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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;


lrhall41

Submitted by SOAPLADY on Thu, 06/16/2011 - 20:25

( Posts: 17315 | Credits: )


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.


lrhall41

Submitted by despritfreya on Fri, 06/17/2011 - 00:44

( Posts: 175 | Credits: )