Legal Question in Bankruptcy in California

My husband had a car accident 8 years ago. His license was suspended because he did not have car insurance at the time. He had been receiving letters from creditors to pay the amount due. However the amount is very very high and he has not been able to make any payments. Would he be able to apply for Bankruptcy? the amount is about $17,000.00 He has no assets. No cars, no house payment no credit cards.

Asked on 6/01/11, 8:52 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

He may qualify for bankruptcy, but it is not a simple matter of how much you owe. Also, debts incurred as the result of a vehicle accident involving DUI or potentially other impairments may not be dischargeable (not saying that is what caused your husband's accident, just to be clear). You and your husband need to find a local bankruptcy attorney, and take advantage of the free consultations that most bankruptcy attorneys offer. There are a lot of factors once must consider when deciding whether or not to file bankruptcy.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. 528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

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Answered on 6/02/11, 3:25 pm

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