Can you include a personal injury judgement in bankruptcy?

Asked on September 28, 2011 under Bankruptcy Law, Ohio


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Personal injury lawsuits are generally dischargeable in bankruptcy. However, there are exceptions. An award for injuries is non-dischargeable if the injuries arose from an “intentional tort" (i.e. a civil offense committed with the intent of causing physical, mental, or financial harm to another person). Further, a debt is non-dischargeable if it arises from a personal injury caused by the debtor’s operation of a motor vehicle (or boat or plane) while intoxicated (from alcohol, a drug, etc). So for example, if the debt arose from a drunk driving accident it is cannot be discharged in bankruptcy.

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