Legal Question in Personal Injury in California
motor vehicle accident
Hello,
I am the plaintiff in a motor vehicle accident and the defendent which I filed suit against, filed chapter 7 bankruptcy. My question to you is??? what if any action can I take????
3 Answers from Attorneys
Re: motor vehicle accident
You can file a motion w/the Bankruptcy Court seeking a waiver of the "automatic stay" so that you can simply proceed against the driver's insurance, if any.
Re: motor vehicle accident
Submit your Claim for damages timely to the Bankruptcy court, or you lose any rights to proceed. Then you can consider a request for relief from stay. No guarantee it will be granted. If it is a normal negligence/injury action you filed, it will likely be discharged, leaving you to pursue your own Uninsured Motorist policy for your recovery.
Re: motor vehicle accident
If the other party was insured, then you may file a motion for relief from automatic stay and proceed against the policy only. If your damages are greater than the policy, you will not be allowed to proceed against the debtor.
If you need representation let me know. Otherwise, good luck.
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