Legal Question in Bankruptcy in Illinois
at fault driver is filing Chapter 7
Several months ago, my un-occupied older model Saab was struck in the parking lane and totaled. The driver's less than reputable insurance company, after stalling offered me 300.00 for my claim! Of course, I did not accept because my lost is excess of 3,000.00. My insurance company Geico with whom I had liability was no help. The Illinois state insurance board said I could take the man to small claims court. One week ago, I received a letter from a law firm representing the driver. It reads ''Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors, & Deadlines''. The Meeting of Creditors is October 9th, 2003. I am sure that his insurance company tipped him off that I was likely to sue him after refusing to accept their insulting offer. I need advice fast on what to do so I can get back what I lost or at least to be in a position, where he can't allude paying me should I file a small claims case. Please Help! (Note: I have looked for representation, but can't find an attorney because the amount involved is considered small.)
2 Answers from Attorneys
Re: at fault driver is filing Chapter 7
The advice of my brother Ted is right on. If you have your own insurance policy, I would notify them of your claim under the uninsured/underinsured provisions of your auto policy.
Re: at fault driver is filing Chapter 7
Once an individual files for Chapter 7 no one can continue any proceedings to collect money or seek money from the individual if the debt or action occurred prior to the Debtor's filing for bankruptcy. There are exceptions. If an individual was intoxicated when he struck your car, then it is possible to proceed with the court's permission. However, it is important to proceed carefully against an individual that has file for bankruptcy or else you could find yourself being held in contempt of court. If the individual's case is dismissed, then you can proceed as if he never filed.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
