Legal Question in Bankruptcy in Michigan

I am currently being sued for a car accident in 2007. my wife was driving my avalanche and and lost control on bad roads. I still owed $10,000.00, I had full coverage on my vehicle, but for got my wife was excluded as a driver. I excluded her because she lost her license and wasn't going to be driving anyways, and it was more expensive to leave her open to my policy. I figured she would be insured once she got her license back. Now the bank is suing us for $7,000.00 and for FRAUD. I am trying to file bankruptcy right now, but my lawyer said I have to wait until this situation is taken care of with the vehicle. What can we do to get this covered by our bankruptcy?

Asked on 2/21/10, 2:36 pm

1 Answer from Attorneys

Timothy Trichler Timothy R. Trichler - Attorney and Counselor at Law

Greetings; Your lawyer is correct. The insurance company knows that if they do not allege fraud, that the debt is open to dischange. You must hire good defense counsel against the suit. If you just let it go to judgment, it will be very difficult to discharge in bankruptcy. And your bankruptcy attorney will charge extra to try and get the insurance suit included in the bankruptcy.

Many thanks, atty. Trichler;

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Answered on 2/26/10, 2:51 pm

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