Legal Question in Bankruptcy in Pennsylvania

civil judgement against two people included in bankruptcy

a civil judgement made against my husband and son for an accident that my son had was included in our bankruptcy. is my son still liable for this judgement? he was driving a car registered to my husband without insurance and rear ended someone.we are not having luck with penndot as to whether or not he is still liable and they will not allow him to get his license back until he has something from the local prothonotary office saying he no longer owes the debt but the prothonotary will not give anything without the insurance company's ok. the insurance co says that my son still owes this but we were told when we filed bankruptcy that he can't be held liable if it was included in our bankruptcy. does he still owe this or not?


Asked on 5/31/05, 2:13 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: civil judgement against two people included in bankruptcy

Unlike a situation where a debt is created voluntarily and another party co-signs for the loan it looks like judgement has been entered against both your husband and son. As such, your husbands bankruptcy has wiped out the judgement against him but it has done nothing to wipe out the judgement against your son. Your son has 3 choices. 1.He can also declare bankruptcy. 2.He can get a court to order a payment plan and as long as he makes payments he could have his drivers license restored. 3.He could attempt to negotiate the judgement for a lump sum amount less than the full amount. If the judgement was entered by default he may also have the ability to attack the judgement through a petition to strike/open judgement. I highly recommend he speak with an attorney to discuss the options he has. I offer free consultations.

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Answered on 5/31/05, 4:12 pm


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