Legal Question in Personal Injury in Virginia
dischargeable debt for felon
Can a convicted felon discharge a personal injury debt (before it has gone to judgment)in bankruptcy (Chapter 7), if he is a convicted felon, and is charged with leaving the scene of the accident (felony)?
1 Answer from Attorneys
Re: dischargeable debt for felon
The fact of being a felon does not affect dischargeability per se. If the debt arose out of the crime, it may well be non-dischargeable by virtue of one of the exceptions to discharge, or discharge may be denied if, as a result of the felony, bankruptcy relief would be an abuse, or if the debtor owes a debt resulting from securities fraud or willful or reckless misconduct causing physical injury or death. In other words, if the felony is, for example, possession of cocaine or voting twice, bankruptcy relief would not be precluded (although any fine would not be discharged). If the felony were assault and battery, and there was a claim for damages arising from the assault, discharge may well be denied.