What is the name of your state (only U.S. law)? Michigan
A friend of mine was involved in a collision recently which resulted in about $1000 worth of damage to her vehicle. Since the driver responsible was driving without insurance she sued him in small claims court and was awarded the $1000 claim. He has since filed for Chapter 7 bankruptcy.
My understanding is that since this was a court ordered debt it cannot be discharged. 11 U.S. Code § 523 19(B)iii seems to state it is exempt from discharge . The law I'm citing says "A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt that results, before, on, or after the date on which the petition was filed, from any court or administrative order for any damages, fine, penalty, citation, restitutionary payment, disgorgement payment, attorney fee, cost, or other payment owed by the debtor."
I am no attorney though, so I was hoping that someone could tell me if I'm reading that correctly and if her awarded claim is exempt from discharge.
Also, would she need file a complaint, or a motion, regarding this? Apparently filing a complaint costs around $300, so if this is incorrect I don't want to see her waste her money or the court's time. If it is a complaint, would that approx. $300 be added to his debt to her or is that just the cost of doing business, so to speak.
I appreciate any guidance anyone could give me regarding this issue. She's a hard working single mother and the cost of repairing her vehicle caused a serious burden. Since she followed the rules and pursued this in the correct manner I'd hate to see her just lose that money because of someone else' irresponsible behavior.
Thanks in advance for any assistance provided.
A friend of mine was involved in a collision recently which resulted in about $1000 worth of damage to her vehicle. Since the driver responsible was driving without insurance she sued him in small claims court and was awarded the $1000 claim. He has since filed for Chapter 7 bankruptcy.
My understanding is that since this was a court ordered debt it cannot be discharged. 11 U.S. Code § 523 19(B)iii seems to state it is exempt from discharge . The law I'm citing says "A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt that results, before, on, or after the date on which the petition was filed, from any court or administrative order for any damages, fine, penalty, citation, restitutionary payment, disgorgement payment, attorney fee, cost, or other payment owed by the debtor."
I am no attorney though, so I was hoping that someone could tell me if I'm reading that correctly and if her awarded claim is exempt from discharge.
Also, would she need file a complaint, or a motion, regarding this? Apparently filing a complaint costs around $300, so if this is incorrect I don't want to see her waste her money or the court's time. If it is a complaint, would that approx. $300 be added to his debt to her or is that just the cost of doing business, so to speak.
I appreciate any guidance anyone could give me regarding this issue. She's a hard working single mother and the cost of repairing her vehicle caused a serious burden. Since she followed the rules and pursued this in the correct manner I'd hate to see her just lose that money because of someone else' irresponsible behavior.
Thanks in advance for any assistance provided.