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

UPDATED: Oct 11, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 11, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


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

Answered 11 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).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption