An insurance company is suing on a claim for a past car accident; I declared bankruptcy in 2005 what can I do?

Question Details:

I was in a car accident that was my fault. My insurance was through my mom, who let the insurance lapse due to non payment so they wont cover me. Now the other parties insurance company is suing me for 16,500. I declared bankruptcy in 2005. I live with my parents and am on SSI, I have no assets and am going to school so I can hopefully return to the work force in the future. What are my options and what can the other parties insurance company take from me?

Asked 11/20/2009 under Bankruptcy | 347 View(s) | More Legal Topics

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Bankruptcy Law Answers

The insurance company has a valid cause of action against you if you did not have insurance on the car and the insurance company had to pay $16,500 to settle the case under the uninsured motorist policy carried by their insured.  However, I do not believe that your SSI benefits may be garnished if the insurance company gerts a judgment against you.  Since you have no assets of your own, the insurance company may get a judgment that they will never be able to collect on and therefore, the judgment will be worthless unless you start making money at a job and the insurance company learns where yo work and garnishes your wages.  I suggest not responding to them as you have nothing they can take.  I would also call and speak to a lawyer about when the next time you may file BK to discharge this judgment.

SSI benefits cannot be garnished they are "exempt" funds.  However, your bank account can be "frozen" until you prove this; this is a tedious and time-consuming process.  The easiest thing is to not have an account in your name.

As for when you can next file bankruptcy:

A debtor cannot obtain a discharge in a Chapter 7 case if the debtor obtained a discharge in (a) a Chapter 7 case filed within the past 8 years, or (b) a Chapter 13 case filed within the past 6 years.

A debtor cannot obtain a discharge in a Chapter 13 case if the debtor obtained a discharge in (a) a Chapter 7 case filed within the past 4 years, or (b) a Chapter 13 case filed within the past 2 years.

The time period is measured from the commencement date of the case; the date of discharge has no bearing..

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