Legal Question in Bankruptcy in Florida

What happens when a person has an unpayable, non-dischargable judgement against them.

For example your driving resulted an accident that caused severe injury to various other people, and you have judgements against you that you couldn't possible afford to pay.

As another example lets use that person who was sued for over 1.9 million dollars for file sharing. She can't possibly afford to pay that, and it is not a type of debt that can be discharged.


Asked on 11/28/09, 11:43 pm

3 Answers from Attorneys

Steven Meyer CPLS, P.A.

Most types of debt can be discharged if the person filing for bankruptcy has limited assets. Judgments resulting from auto accidents can be dsicharged unless the at-fault driver was intoxicated. Penalties for file sharing may be dischargeable if there was no fraud involved.

Read more
Answered on 12/04/09, 1:15 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Most types of debt does get discharged. The auto accident example you use, for example, is discharged. The second would depend on a number of factors.

Read more
Answered on 12/04/09, 6:59 am
Brent Rose The Orsini & Rose Law Firm

You should speak with a bankruptcy lawyer. Debts arising from car crashes and file sharing copyright infringement are dischargeable in bankruptcy unless the actions leading to the debt are shown by the creditor to be the result of "willful and malicious injury" caused by the person filing bankruptcy. If the creditor can show "willful and malicious injury," then the debt is not discharged, in other words, the debt exists just as if the bankruptcy had never been filed. In that case, the creditor can still pursue the money, and can put liens on property, maybe garnish wages, take property, etc., to collect on the debt.

Read more
Answered on 12/04/09, 9:17 am


Related Questions & Answers

More Bankruptcy Law questions and answers in Florida