If I was court ordered to pay restitution on a car wreck but am homeless and have no job, canI file bankruptcy?

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If I was court ordered to pay restitution on a car wreck but am homeless and have no job, canI file bankruptcy?

Asked on September 26, 2011 under Bankruptcy Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Anyone may file bankruptcy. While there is normally a fee for filing bankruptcy, that fee may itself sometimes be waived in cases of extreme financial hardship. There are several matters to consider, so if possible, consult with an attorney (such as a Legal Services attorney, who provide fee legal assistance):

1) If the car wreck was caused by you being DUI or DWI, then bankruptcy is not likely to help: there are certain debts that cannot be discharged in bankruptcy, and I believe that debts arising from court actions for DUI/DWI are among them.

2) Whether, as a practical matter, you need to be file bankruptcy: if you have no job, no home, and (presumably) few if any other assets, you may be effectively  judgment proof--if you have no money and no assets, you cannot be collected from.


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