Question
Can I include an auto accident if my bankrtupcy file was already finalized?
I just go into an auto accident and my bankruptcy file was just finalized. Is there still time to include it in my file? I really can't afford to pay for this accident at this time. What should I do?LawQA.com Answer Library
Answered By: Mercado & Hartung, PLLC
That's post filing debt and cannot be included.
Answer Applies to: Washington
Replied: 9/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Washington
Replied: 9/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Heupel Law
Unfortunately, it is too late to add an accident once your bankruptcy is finalized.
Answer Applies to: Colorado
Replied: 9/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 9/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Offices of Katie M. Stone
A bankruptcy only deals with existing debt at the time that you file your petition. If you have already received your discharge and then you have an auto accident, unfortunately you cannot go back and include that debt in your bankruptcy. You may have another bankruptcy option; however, you would need to speak with an attorney. There are time restrictions on when you can file again and what chapters are available to you. If you have not received your discharge yet, please call your attorney to see what your options are. I hope you found this information useful.
Answer Applies to: Florida
Replied: 9/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Florida
Replied: 9/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Indianapolis Bankruptcy Law Office of Eric C. Lewis
Bankruptcy discharges your personal liability on debts incurred BEFORE the case is filed with the court.
Answer Applies to: Indiana
Replied: 9/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Indiana
Replied: 9/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Paul Stuber, Attorney at Law
If you had the accident after you filed for bankruptcy it is not possible to add it to the bankruptcy.
Answer Applies to: Colorado
Replied: 9/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 9/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Grasso Law Group
Any debts incurred after the filing date of your bankruptcy will not be part of your bankruptcy. There is not much you can do unless the trustee would agree to dismiss your current bankruptcy case so you could refile the case.
Answer Applies to: California
Replied: 9/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Daniel Moulton
The bankruptcy only cover pre-filing debt. You may wish to vacate the discharge and dismiss the case to add the other debt. I'm not sure you can do it but you can't include the accident otherwise.
Answer Applies to: Illinois
Replied: 9/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Illinois
Replied: 9/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Charles Schneider, P.C.
Yes. But a debt for personal injury or property damage arising from driving under the influence may not be.
Answer Applies to: Michigan
Replied: 9/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Michigan
Replied: 9/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Lynnmarie A. Johnson
You can only include prepetition debt in your bankruptcy. If you are saying that you were just discharged when you say it was finalized, there is nothing you can do to add it. If you mean that the paperwork is ready but it hasn't been filed yet, then yes it can be added. See your bankruptcy attorney. Good luck!
Answer Applies to: Michigan
Replied: 9/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Michigan
Replied: 9/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Tucker Legal Clinic
If the petition is not filed the accident claim can be included.
Answer Applies to: Mississippi
Replied: 9/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Mississippi
Replied: 9/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Janet A. Lawson Bankruptcy Attorney
You can only discharge debts that you owed pre-petition. There is no way to include this accident. You might do a chapter 13, but you would have to pay it in full in five years.
Answer Applies to: California
Replied: 9/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of James Wingfield
No. Post-petition debts are not dischargable in Bankruptcy. So your bankruptcy petition cannot be amended to include post-petition (e.g., occuring after you filed your bankruptcy petition) liability from a car accident.
Answer Applies to: Massachusetts
Replied: 9/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Massachusetts
Replied: 9/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Schreiber Law Firm
As it appears the accident occurred after you filed bankruptcy, it is not what is called a "pre-petition debt" and cannot be included as only debts incurred before you file can be discharged. You will be liable for the debt unless your insurance pays it. If you have no insurance, it can be reported to the DMV and they can suspend your license until it is paid or you show financial responsibility (getting insurance). You cannot file Chapter 7 bankruptcy again until 8 years after the date you filed the last one.
Answer Applies to: California
Replied: 9/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Harkess and Salter, LLC
You can only discharge debts that existed at the time you filed. If the accident happened after you filed, you cannot include it.
Answer Applies to: Colorado
Replied: 9/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 9/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Financial Relief Law Center
Yes, you should be able to include a judgment from an auto accident into your bankruptcy filing. Civil judgments arising out of negligence are able to be discharged in bankruptcy as long as there wasn't any DWI/ DUI, fraud or bad faith involved. If this is the case and you want to include it into your bankruptcy, you can file an amendment.. You can amend your petition by filing an amendment and then making the change to your petition. Forms for the amendment are available at the court house or on the court house website.
Answer Applies to: California
Replied: 9/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Bankruptcy Law office of Bill Rubendall
If you have incurred a major debt after having filed chapter 7, you may want to consider chapter 13.
Answer Applies to: California
Replied: 9/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Ashman Law Office
As I am sure your lawyer told you (and please don't tell me you made the mistake of filing pro se), post filing debts CANNOT be included or added to your chapter 7. If you are in a 13, you may be able to dismiss the case and file a new case. I am perplexed why this is in even a problem. Unless you are a criminal driving with no insurance, in which case you also face jail, fines and loss of your license, you simply turn the accident over to your insurer and they pay any claims/damages.
Answer Applies to: Georgia
Replied: 9/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Georgia
Replied: 9/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Diefer Law Group, P.C.
Unfortunately, if the accident occurred after your bankruptcy filing date you cannot include that debt in your case. You can only discharge debts that occurred prior to the fling date of your petition. Your option now might be to file a chapter 13 assuming you filed a chapter 7. If you filed a chapter 7, then you could obtain a chapter 13 discharge. But you really need to consult an attorney as your case is now much more complex.
Answer Applies to: California
Replied: 9/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
More Questions on Bankruptcy
- Can toll fines be included in bankruptcy?
- Should I just allow foreclosing?
- Can I exclude my car or home when filing for bankruptcy?
- Will Chapter 13 be dismissed if I am late on my mortgage?
- Can I sell my house after bankruptcy?
- How can I secure my house when filing for bankruptcy?
- How long to wait before declaring bankruptcy?
- Will my chapter 13 be dismissed if I am late on my home mortgage?
- Can I still put a stop to bankruptcy?
- Can filing bankruptcy stop foreclosure?
- Can I neogtiate non-exempt taxes in chapter 7?
- What do I do with non-exempted assets?
- What does the trustee do in the bankruptcy case?
- Do I have to appear before a judge when filing for bankruptcy?
- What is the difference between chapter 13 and chapter 11?
- Is it difficult to file chapter 7?
- What does chapter have to do with non-exempt property?
- Is it better to file chapter 7 over chapter 13 or vice versa?
- Will I be able to get rid of all my debts when I file chapter 7?
