Legal Question in Bankruptcy in Florida

Dischargable debts

Can you please inform me if an automobile accident claim from an insurance company can be discharged by filing bankruptcy chapter 7.

My husband was driving without insurance and hit a motorcycle. The other party involved was paid $12,000 from his insurance company for his property and also a personal claim. My husband was not under the influence of drink or drugs and no criminal charges were filed.

The insurance company contacted us to regards of paying the $12,000, they are going to court in a few weeks to legalize their collection on the money, they informed us that the court will impose a 9% finance charge monthly on the amount due making it even more impossible to pay.

I am a little unsure of what will happen if they get a court order for repayment..will this make the debt undischargable if we file chapter 7 or do we have to file before they get a court agreement to collect the amount in question ??

I greatly appreciate your help and advice on this worrisome matter,

yours sincerely.


Asked on 2/02/00, 10:49 pm

1 Answer from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Dischargable debts

Under current law the debt is dischargeable. If I can be of further help call me at 305.940.8080. I will provide you with an intitial consultation to determine your actual need for filing a petition. The first 20 minutes is without obligation.

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Answered on 2/03/00, 7:14 pm


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