Can I get a civil judgement discharged in bankruptcy?
When I was 18 I was involved in an accident with a minor child while employed by a car dealership. My supervisor told me to give the minor a test drive since his father was looking to by the car for him. I was the driver and totaled the car; we both ended up in the ER. The dealership is not representing me due to the fact that the police report says, "reckless driving". I don't remember the accident. I am 23, have 3 children, a wife who has Lupus, and we don't have medical insurance. Is a bankruptcy an option depending on the outcome?
Some judgments are dis-chargeable in bankruptcy. However, judgments that involve recklessness - i.e. reckless driving- are not one of those judgments that can be discharged. The basis for this is that people should should not be rewarded if they commit acts that injure others. Specifically, the bankruptcy code prohibits a chapter 7 debtor from discharging judgments involving recklessness. I suggest that you contact a lawyer and discuss the options of trying to settle the judgment once and for all (maybe you can negotiate a compromised payment or small monthly payments). Or, you can make sure to keep your money in a separate account that cannot be taken by a bank execution. I suggest speaking to a lawyer here to help advise you making the best decision.