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Can a judgment foe a personal injury case be in my bankrupcty case if i was negligent or and careless?


i was been malicious when i hurt someone and their child

Sorry to burst any bubbles here, but the bankruptcy laws changed about one year ago and court judgments can no longer be discharged by declaring bankruptcy.
Even if you declare bankruptcy, you must still pay court judgments, student loans, court ordered fines, and certain other types of loans and debts.

Personal injury judgments are generally discharge able in bankruptcy. An exception may arise if the offending party acted with fraud or malice. The party whose has the judgement afgainst you can certainly contest it, then it would depend on the extent of injury and how life altering it is. If the child was injured for life, a judge can disallow the discharge of the debt. Generally if it is property damage it will be discharged no problem.

Earlier this year my mom filed bankruptcy and a claim for property damage and minor personal injury claim that resulted from a car accident last summer was discharged b/c there was no malice or negligency on her part. The circumstances stemmed from her being rear ended by a truck at a stop sign and her insurance company simply returned her check with a note that due to the accident they would be cancelling her insurance. Then truck filed claim and her liscense was suspended until the amount was paid in full for damages. She filed bankruptcy, debt discharged, she now has her liscense back and doesnt owe the man that hit her a penny.

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