Legal Question in Bankruptcy in California

I am in need of help

I am currently a creditor in a case recently filed in bankruptcy court. I was in a 4 car accident and I incurred $10,000 in medical treatment. the registered owner didnt have insurance. I then sued in court, and received a default judgement. Then I get sent a notification of filing. Is this debt dischargeable? Would this be considered "incurring debt without a reasonably certain ability to repay the debt" (i read somewhere a debt such as this isn't dischargeable), by failing to insure a vehicle that is in your name? Is there anything I can do? Or am I destined to suffer even more due to the negligence of this guy?

I appreciate any and ALL attention to this matter.


Asked on 3/02/00, 2:25 am

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: I am in need of help

If the debtor was intoxicated when the accident occurred, then you may have grounds for nondischargeability if he filed a chapter 7. Otherwise, you do not based on the facts as you have presented them.

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Answered on 3/15/00, 2:35 pm


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