Legal Question in Bankruptcy in Wisconsin
Bankruptcy judgment debt
Can a person file any form of Bankruptcy in Wisconsin to eliminate a judgment debt placed against them resulting from an auto accident they had causing bodily injuries?
1 Answer from Attorneys
Dischargeability in Bankruptcy of Judgment Due to Auto Accident Injuries
Damage judgments are generally dischargeable in bankruptcy (either chapter 7 or 13), even if they are for personal injuries from an auto accident, with several exceptions. One of these is if the accident occurred while the bankrupt debtor was driving drunk. Another exception comes up if the damages were caused intentionally or with "reckless disregard" for the victim's safety. A related exception is if the damages were made a part of a restitution order in a criminal case, such as homicide due to by wreckless driving (for example, accidents caused by street racing, etc.). The bottom line is that anyone in this situation needs to retain a bankruptcy lawyer to advice them on this issue. My comments in this online forum do not constitute legal advice or create an attorney-client relationship.
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