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#1
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Civil suit award be discharged by bankruptcy?What is the name of your state? california Q. if I won a judgement against an uninsured motorist that I took to court and sued then based on the judgement I would just become another creditor to this individual who in turn could discharge the judgement awarded to me by a civil court and then I would still be left with nothing, correct? |
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#2
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| No. Some debts are non-dischargable in a bankruptcy. One of them is debts arising out of willful misconduct and or malicious misconduct by the debtor. A good argument could be made that the debtors decision to drive wiithout insurance was 'willful or malicious' misconduct, sufficient enough that the court would exclude the judgment.
__________________ There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution). Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport! |
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#3
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| [quote]Originally posted by JETX A good argument could be made that the debtors decision to drive wiithout insurance was 'willful or malicious' misconduct, sufficient enough that the court would exclude the judgment. ======================================== My response: Not in California it can't. The lack of insurance has nothing to do with "causation". Now, if you want to talk about drunk driving in California, and "causation", that's another story. Judgments based upon negligence are dischargable in Bankruptcy, and the lack of insurance will have no bearing whatsoever. IAAL |
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#4
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| Thank you I AM ALWAYS LIABLE and JETX for your comments they are both very good points and I appreciate both of your inputs. This has been an education, I feel pretty stupid for not having uninsured motorist and that has since been rectified, never thought about the other guy not following the law when it comes to automobile insurance at least min coverage (Liability) but just went to show how much I knew. Thanks again. |
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