Is it possible to file bankruptcy if you are being sued regarding a car accident?

I am an unemployed stay-at-home mom and am being sued for damages in an automobile accident. I also have medical bills. The only income I have is child support and I recieve food stamps. Is it possible to file bankruptcy?

Asked on October 11, 2011 under Bankruptcy Law, Georgia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can file bankruptcy, but it would be premature to file bankruptcy before there is a judgment against you because you would not know the amount of the judgment.  If the other party gets a judgment against you, that would be the appropriate time to file Chapter 7 bankruptcy.  You will need to list all of your creditors.  Chapter 7 is straight liquidation which eliminates your debts.

It would be advisable to speak with a bankruptcy attorney and have the attorney complete the schedules (bankruptcy forms).


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