Legal Question in Bankruptcy in California

I was involved in a (non-intentional/contributory negligence/no alcohol) fatal accident. The other side is asking for tons of money. My insurance will cover some, but not all. I'm afraid I can't pay the final amount. Can I declare for chapter 7 bankruptcy? The other side is also asking for payment of funeral and burial cost. Does bankruptcy get rid of the funeral and burial cost?


Asked on 8/10/09, 8:36 pm

1 Answer from Attorneys

Larry L. Doan Law Office of Larry L. Doan

I think this liability would be dischargeable in Chapter 7 if it was not a willful or malicious injury caused by you nor caused due to intoxication. Since funeral and burial costs are part of the liability, they are included and would be discharged. Of course, if you have some assets, you may have to pay a portion of the liability. Consult with a bankruptcy attorney.

Larry L. Doan, Esq.

https://www.lawguru.com/cgi/bbs/attyPages/liem.html

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Answered on 8/10/09, 9:12 pm


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