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If I am filing chapter 7, because of outstanding debts both credit and medical, and I have a pending law suit against me for a car accident, is it better to wait on the outcome of said lawsuit to see if I get a judgment (and can it then be discharged) or will it be discharged anyway because it is a pending suit during the filing?




What type of car accident?? If it was deemed an act of negligence or if alchol was involved, the debt will not be discharged.


Sub: #1 posted on Sun, 04/21/2013 - 13:06

SOAPLADY SOAPLADY
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If the accident was not the result of your willful and malicious conduct or caused while you were impaired it is dischargeable in bk. It does not matter when you file. If you file before a judgment is entered the state court suit will stop dead in its tracks. However, if you had insurance the injured party will still be free to claim against the insurance.


IMO it does not matter if you file now or later. Whether or not there is a judgment is not the issue. The issue is whether or not the accident was your standard "oops" and not the result of an impaired driver.


Des.


Sub: #2 posted on Sun, 04/21/2013 - 14:42

despritfreya despritfreya

(Posts: 170 | Credits: )

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