Legal Question in Bankruptcy in Virginia

specific questions on filing bankruptcy

hi..i have 2 used car loans and 2 small credit card and a few little things adding up to about$5,000

including a natural gas bill from my house..i was in a car accident and didnt have insurance and i think the other people are going to take me to court..i need to know if i file for bankruptcy now..if they try to sue me six months from now..or whatever...will it be included in the filing?...and i already have some judjments against me and the car loan people are taking me to garnishment court in dec.....i have no money....do i have any good chances at filing ??...thanks


Asked on 9/29/01, 4:21 pm

2 Answers from Attorneys
Randy Masters The Law Office of Randy Masters

Re: specific questions on filing bankruptcy

Yes, if you list the other people in the accident (as well as their insurance company, because they may also go after you) in your current bankruptcy, they will be prohibited from suing you in the future. But be sure and list their insurance company also. I just had a case where the client only listed the other people in the accident, and he had to amend his papers later when their insurance company tried to sue them also.

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Answered on 11/06/01, 8:08 pm
Daniel Press Chung & Press, P.C.

Re: specific questions on filing bankruptcy

All of the debts you mention should be dischareable in bankruptcy, which means that none of the creditors will be able to sue you or try to collect (including the person claiming for the car accident and his/her insurance co, the car lender, the credit cards, the gas bill, etc.). The car lender may be able to repossess the car if it has a lien, but if you want to and can afford to make the payments, you may be able to keep the car. To discuss the specific details of your situation, see an experienced bankruptcy lawyer.

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Answered on 11/06/01, 8:21 pm


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