Can a person file bankruptcy to avoid paying a civil lawsuit?
Question Details:
Our family wants to file a civil lawsuit on someone who hit and killed our mother, a pedestrian, but want to know if the driver can file bankruptcy and we not see a dime? The driver was not under the influence of anything and my mother was in the crosswalk. Is it possible that the 20-year-old driver can file bankruptcy if we pursue a civil lawsuit?
Certain types of debt are considered non-dischargeable no matter which bankruptcy chapter a debtor files under. This is done as a matter of public policy. These debts are typically debts that are owed to the government, debts that were levied as punishment for a crime, recent unpaid taxes, student loans, child support, alimony, and certain civil judgments. For example, debts for a personal injury if the injury was willful or malicious, or debts for personal injury caused by the debtor's operation of a motor vehicle while intoxicated.
Based on the facts presented, none of the above exceptions would appear to apply to your situation. So a bankruptcy likley could be filed in the event of a civil judgment. At this point you should consult further with an attorney in your area. For a case such as this a consultation would be free.
