Yes they can pursue this type of case.

Answer Applies to: Georgia
Replied: 11/9/2011

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Include the injured party in schedule F just like any other unsecured creditor.

Answer Applies to: California
Replied: 11/9/2011

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If an accident occurs after filing bankruptcy it is not a debt that can be discharged.

Answer Applies to: California
Replied: 11/9/2011

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If they sue you for civil suit, then your bankruptcy filing would discharge their potential damages award.

Answer Applies to: New York
Replied: 11/9/2011

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Post-filing debt is non-dischargeable. You will want to immediately speak to your attorney about your options.

Answer Applies to: Virginia
Replied: 11/9/2011

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You can still be sued if you have a pending bankruptcy. First of all, this is a debt that will be accruing after the filing of your bankruptcy. Although you could amend your bankruptcy filing, it would have to be after a judgement had been entered against you. Secondly, if you had car insurance, then the person you got in an accident with can still sue your car insurance as they cover liability from accidents. The reason why you are required by the law to have car insurance is specifically because of situations where if you did not have the money to cover the damage or injury from the accident, that the injured party could still recover their losses with a lawsuit involving your insurance company.

Answer Applies to: New York
Replied: 11/9/2011

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Key words here, "filing for bankruptcy." If you already filed the bankruptcy, yes they can sue because it is a post petition debt. If you have not filed yet, they can't sue you unless you were under the influence or were intentionally reckless. They have to get court permission first. If you were uninsured and the state court orders restitution, that will not be dischargeable.

Answer Applies to: California
Replied: 11/9/2011

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Not during the pendency of the bankruptcy, but afterwards they can. The current bankruptcy case will toll the statute of limitations until the bankruptcy case is over under most circumstances. Special circumstances could exist that may change the outcome of your liability for the damages (i.e., driving while under the influence, etc.).

Answer Applies to: South Carolina
Replied: 11/9/2011

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Once you file bankruptcy, the automatic stay bars any creditor, including the person wanting money from you because of a car accident, from trying to collect any money from you. You should let your bankruptcy attorney know about the claim and about attempts to collect on it. Sometimes Debtors agree to let the plaintiff seek recovery against your insurance company if you had insurance at the time of the accident.

Answer Applies to: Kansas
Replied: 11/9/2011

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The automatic stay in bankruptcy stops all lawsuits. If your debt is nondischargeable, the creditor can move for relief from stay. If your car accident occurred after the date of filing of your bankruptcy, it is not dischargeable in your bankruptcy and you should consider dismissal and refiling. If you were driving under the influence of alcohol or drugs or involves criminal restitution, you have additional problems with getting a bankruptcy discharge. Contact your bankruptcy attorney or an experienced bankruptcy attorney immediately.

Answer Applies to: Colorado
Replied: 11/9/2011

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They have to file a Motion with the Bankruptcy court to pursue sueing you in state court.

Answer Applies to: California
Replied: 11/9/2011

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Your liabilities can be discharged in a Bankruptcy, unless the accident was due to you driving drunk or drugged.

Answer Applies to: Colorado
Replied: 11/9/2011

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If your case has not been filed yet, you may include this debt in your bankruptcy. If your case was already filed by the date of the filing of your bankruptcy, it cannot be included and you will have to deal with the lawsuit yourself.

Answer Applies to: Texas
Replied: 11/9/2011

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Accidents resulting from certain alcohol related offenses are non-dischareable in bankruptcy. However, under most circumstances, if you have already been sued, a bankruptcy will stay the lawsuit and discharge the debt.

Answer Applies to: California
Replied: 11/9/2011

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If you're in an accident prior to filing, your bankruptcy will cover it. If you have an accident AFTER you file, it will not be covered. If the accident occurred AFTER and you believe you might be liable for significant damages $. You may want to let your case get dismissed, if possible, and refile later so the accident will be covered. If you have a lawyer, talk to him/her. If not, you may want to consult one. Good luck!

Answer Applies to: California
Replied: 11/9/2011

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If the auto accident was the result of drunk driving or your accident was a result of reckless disregard for its consequences but only in bankruptcy court.

Answer Applies to: Michigan
Replied: 11/8/2011

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Any debt incurred after the filing of the petition is not dischargeable in your bankruptcy. If you are involved in an accident where you are at fault and you were not found to be under the influence of drugs or alcohol, then it is likely that once you file bankruptcy, you will be protected under the bankruptcy rules and the injured party will be barred from ever seeking compensation from you personally. However, if you have insurance available to compensate the injured party, then the court may lift the stay against you only to the extent to allow the injured party access to your insurance coverage.

Answer Applies to: Georgia
Replied: 11/8/2011

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The date for determining whether a debt is discharged is generally the date of filing. There are exceptions in conversion from one chapter to another. You should contact your lawyer immediately because there MAY be some things that they may do but that is well beyond the scope of this type of forum.

Answer Applies to: Washington
Replied: 11/8/2011

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Yes if the accident occurred after you filed your bankruptcy case, the person can sue typically.

Answer Applies to: South Carolina
Replied: 11/8/2011

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You should call the lawyer who filed your bankruptcy for you. If you filed it without an attorney, here are a couple of useful nuggets for you: First, if the accident occurred after you filed your bankruptcy petition, then your liability for damages cannot be included in your bankruptcy. If the accident occurred before you filed your bankruptcy petition, then your liability can be discharged (eliminated) as long as your driving was not illegal because of drug or alcohol use and you are not ordered to pay damages as criminal restitution. To resolve this issue you should hire a lawyer. It will be worth the expense.

Answer Applies to: Minnesota
Replied: 11/8/2011

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If the accident happened before the bankruptcy, it is subject to discharge unless it was related to DUI or an intentional tort. If the accident happened after the bankruptcy case is filed with the court, it is not part of the bankruptcy, even if the case is still opened.

Answer Applies to: Indiana
Replied: 11/8/2011

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If the accident occurred after you filed for bankruptcy, the bankruptcy filing does not cover the accident or the damage claim. If it occurred prior to the filing, it can be included.

Answer Applies to: California
Replied: 11/8/2011

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.

They can sue you. However, if you just filed, you can try to amend and include them. But, it also depends on the reasons for which they are suing you. Some causes of action in a lawsuit are not dischargeable in a bankruptcy. You need to show this lawsuit to your lawyer.

Answer Applies to: California
Replied: 11/8/2011

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No, unless you were DUI, then it is a non-dischargable debt.

Answer Applies to: Tennessee
Replied: 11/8/2011

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The date of the bankruptcy filing is key. Debts incurred before that date may be discharged and debts incurred after that date are not discharged in the pending bankruptcy.

Answer Applies to: California
Replied: 11/8/2011

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If the accident happened after the filing, the answer usually is yes (with some qualifications). Discuss this with your bankruptcy lawyer (you should not be in a case pro se).

Answer Applies to: Georgia
Replied: 11/8/2011

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.

You can be sued and the person suing you can proceed only against your insurance with permission from the bankruptcy court assuming you had insurance. If no insurance, then your liability for the accident will be discharged unless you were drunk driving and the person injured in the accident objects to your discharge within the time required by law. If you had insurance and no other reason for filing bankruptcy, then you might not have to file a bankruptcy case unless you did not have enough insurance to cover all of the damages and the person injured does not accept the insurance coverage amount as payment in full.

Answer Applies to: California
Replied: 11/8/2011

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.