Legal Question in Bankruptcy in California
In the State of California, I filed for bankruptcy (opened 7-09 discharged 4-10) at which time got into an auto accident (DOA 10-12-2009 served 11-26-11). I provided my auto insurance information but was denied by Mercury Insurance because didn�t insure the vehicle within 30 days of registration date. One year later was sued by Hartford Insurance (plaintiff)in civil court for damages to second vehicle which I�m currently in the process. Am I solvent because at the time of the accident I was in bankruptcy?
Thank you
1 Answer from Attorneys
This is going to be considered a post petition liability in that the liability arose after the filing of the bankruptcy petition. The date your case was discharged is of no consequence. You are now subject to a subrogation claim by the other driver's insurance company. They have 3 years to pursue reimbursement from the last payment they made out on the claim. If you want to read more about this, take a look at my web site at grennierlaw.com Good luck.
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