Personal Injury Judgment - Discharge?

LOUISIANA:

I got in a major injury car accident and have no insurance. I know that I am going to get sued and have a judgment placed against me (a big one). Can I discharge this debt in bankruptcy? It will be more than I'll ever earn in a lifetime.

Thanks.

[bigun]

In general, yes. But, some states have restrictions on discharging judgements from accidents if DUI was a factor. If it was a simple accident with no drugs or alcihol involved, you ought to be able to discharge it. See a lawyer for details. Most will give a free initial consultation.

[HomeGuru]

Originally posted by bigun
In general, yes. But, some states have restrictions on discharging judgements from accidents if DUI was a factor. If it was a simple accident with no drugs or alcihol involved, you ought to be able to discharge it. See a lawyer for details. Most will give a free initial consultation.

**A: the writer failed to provide all the details. Like driving with a suspended license and hitting an off-duty police officer. The writer may have even been under the influence but did not say.

Does that make a difference? Why should hitting a cop be any different than running over joe-blow in the street? If I was driving with a suspended license, does this mean that I can't discharge the personal injury judgment that is coming? I'm sure his insurance company will sue me to. Can their judgment also be discharged. I'm going to file for bankruptcy the day their judgment goes through so they don't get a cent. HAHA

Oh, I was not under the influence. They found no alcohol or drugs in my system (and they tested me for both).

[bigun]

More than likely, you can discharge the judgement since there wa no DUI or the like involved. Most lawyers give free initial consultations. Make an appointment and discuss your options. BTW, don't outsmart yourself. File prior to going to court. The bk will wipe away the debt but, it won't automatically wipe out the judgement. You'll have to make another trip to the court that issued the judgement and petition to have it vacated. Just more legal fees.

I can file bankruptcy against their claim before they sue me? How do I do that? I don't know how I would list it in the schedules without having a value to the claim.

[bigun]

Wait until you are sued. The complaint will list a dollar amount. At that point file for bk using the amount they sue you for. When you file, you receive an automatic stay on any civil court action or any other collection activity. The claim is discharged in bk and you have no judgement to vacate later.

What if they don't sue me all at once? I'd imagine the victim, his wife, and any children will all sue together, but what about his insurance companies? Is there a way to discharge the claim without knowing the dollar amount?

Does anybody know what the statute number is for not carrying insurance in Louisiana??? The cop came by my house today, but I didn't answer the door and he was peering in the windows...I think he might have intended to arrest me had I come out.

[nailtech]

I doubt he was since......

Art. 224. Forcible entry in making arrest
In order to make an arrest, a peace officer, who has announced his authority and purpose, may break open an outer or inner door or window of any vehicle, watercraft, aircraft, dwelling or other structure, movable or immovable, where the person to be arrested is or is reasonably believed to be, if he is refused or otherwise obstructed from admittance. The peace officer need not announce his authority and purpose when to do so would imperil the arrest.