Legal Question in Personal Injury in California

Im getting sued in a personal injury case. The victim is suing me for over $25,000. I turned in all my papers and now awaiting case management. If I lose, will I be able to file bankruptcy? I already served time for this and now am being sued for the injuries. I have a job, but do not own anything and already in debt. Help!


Asked on 8/31/10, 4:17 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Not all debts are dischargeable. Debts for intentional wrongoing usually aren't. Since you went to jail over this, your actions have probably been deemed intentional ( unless you pled no contest). That means you probably can't eliminate this debt in bankruptcy. You may be able to eliminate other debts that way, though.

I suggest re-posting your question under bankruptcy law.

Read more
Answered on 9/05/10, 4:37 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

If the debt is for an intentional tort, it likely is non-dischargeable in bankruptcy. What happens in a civil case affects the answer, so see a bankruptcy lawyer in your area immediately.

Read more
Answered on 9/05/10, 6:03 pm

Actually many intentional tort debts are dischargeable, such as defamation, conversion or invasion of privacy, but not those debts that result from personal injury or death due to negligence or criminal activity.

Read more
Answered on 9/06/10, 2:44 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in California