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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 05-13-2009, 05:35 PM
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Bankruptcy


What is the name of your state (only U.S. law)? Michigan

I am in need of claiming bankruptcy real soon. I have a huge amount of medical bill debt and a few credit cards. I also have a couple of court judgments from some medical bills. I am in the process of being sued for a motorcycle accident and haven't been able to come to a settlement. The courts did say the other party will not be able to get more than a specified amount. My question is can I claim this person on my bankruptcy list for that max amount prior to a final court order? This has been going on for 1.6 years and I really need to get the bankruptcy started.
  #2  
Old 05-13-2009, 06:34 PM
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Join Date: May 2001
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Yes. Your lawyer will schedule it as a contingent/unliquidated liability. Pretty standard. Be sure both the person suing you and their insurance company is listed on the credutors matrix.
One caveat. If, the accident was the result of your using drugs or alcohol or some other illegal activity the debt won't be discharged.
  #3  
Old 05-13-2009, 06:43 PM
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Thank you for your quick response. No the accident was not a result of drugs or alcohol. I really don't remember what happened. I almost died. I had major closed head trauma, fractured femur (rod in place) broken jaw, and paralysis of left arm/hand. The other party had a broken collar bone (still awaiting proof) and that is all. My atty is awaiting proof because he feels he shouldn't get much. It has not gone to trail just trying to negotiate everything out of court.
  #4  
Old 05-13-2009, 11:04 PM
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If bk is the endgame, why are you trying to negotiate something that will be discharged anyway? Just file and be done with it.
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