Legal Question in Bankruptcy in Indiana

Re: Filing on a judgment when a law is broken

Whether the debt is dischargeable depends upon whether the creditor files a complaint to determine dischargeability. Under your set of facts, the creditor might have some trouble proving that not having insurance was wilful and wanton. The attorney needs to look at the provisions of how creditors avoid discharge.

Re: Filing on a judgment when a law is broken

There are two code section that MAY except from bankruptcy debts related to motor vehicles. The first one requires that the damage be intentional to a person or the person's property. This is a tough one to overcome since most accidents are just that == accidents. The second code section excepts debts related to death or personal injury from operation a vehicle if the person was drunk or on drugs. So here, it requires personal injruy, it doesn't cover property damage and the person driving the car must have been under the influence. So nowhere does it except debts just because someone doesn't have insurance or a license.