Can I discharge a judgement through bankrupty due to a car accident which resulted in totaling the vehicle while driving under the influence of alcohol?

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Can I discharge a judgement through bankrupty due to a car accident which resulted in totaling the vehicle while driving under the influence of alcohol?

My friend gave me car and I was paying off the rest of the car note. The car did not have insurance and I owe restitution totaling $10,000 for the rest of the amount owed on the vehicle. If my friend, the original owner, is to file bankrupty on the vehicle, would I still have to pay the restitution?

Asked on October 18, 2012 under Bankruptcy Law, Colorado

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The answer is "no" for two different reasons. The first is because it's not your bankruptcy.  The bankruptcy would only discharge your friend's obligation, not your obligation to pay.  The second reason is that your obligation stems from restitution in a criminal action--if you were ordered to pay restitution as part of your criminal proceeding, then that type of obligation is not dischargeable in bankruptcy.   


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