Sued for a car accident after Chapter 7 was filed but before discharge

[tlcabk]

We just received notice we are being sued for a car accident that occurred after we filed chapter 7 BK, but before our discharge. Is this covered under the BK?

[ssmdem]

I think you're out of luck as I'm pretty sure it's everything before you file.

[frogger]

No. BK is a snapshot of your financial picture on the day that you file. Anything after that day is a new beginning.

[keepinitreal]

Some people have suggested if a filer doesn't show up for their 341 Meeting of Creditors, the bankruptcy will be thrown out and the person will have to re-file, basically starting from scratch and having a new filing date. Ask your lawyer if this is true.

[despritfreya]

Some people have suggested if a filer doesn't show up for their 341 Meeting of Creditors, the bankruptcy will be thrown out and the person will have to re-file, basically starting from scratch and having a new filing date. Ask your lawyer if this is true.

This is a viable strategy so long as you can qualify for case #2 through means testing.

However there are two things to consider:

1. Did you have insurance? If so, your carrier should cover you unless your coverage does not amount to enough to take care of the problem.

2. If you were intoxicated at the time of the accident and the accident resulted in death or personal injury then the Chapter 7 won't get rid of the claim anyway.

Des.

[newbie2]

Unless there are 2 people here with the same name, it is showing from previous posts that you have already been discharged and closed. If that's the case I think you are out of luck.

http://www.bkforum.com/showthread.php?52462-Discharged-Closed-MeansNo-WOOOHOOOO

[DebtEnder]

The op is saying the accident itself occurred before discharge, but after filing. He just got the paperwork on the lawsuit. However as others stated it does not matter, the lawsuit is past the BK filing and not affected by it.

[Charlie777]

You need to ask your attorney, this is far too complex and the consequences too major to do anything else, even if it costs additional fees.

It seems to me that 1) you probably should have listed the lawsuit plaintiff as a creditor. 2) You might be able to amend the list of creditors. That may restart the clock but you don't want to be unable to file again for 7 years or fight for special leave for another filing. 3) I thought I remembered that a debt not listed in the filing may still be covered, as soon as the creditor learns of the BK.

If the accident occurred before the filing, then the obligation arose before the filing, not after. The lawsuit follows from the accident, the fact it is filed after your BK filing may not be relevant.

[tcreegan]

Hi all,

I'm going back Charlie on this one...

...You need to ask your attorney, this is far too complex and the consequences too major to do anything else, even if it costs additional fees.

OP got into accident after filing, before discharged. Now discharged and closed. I don't think reopening the case to add the accident is going to pass the smell test when the trustee gets wind of it....

Tom in Colo

[ssmdem]

I agree -- if the accident happened after filing, I think you're out of luck. Is insurance not covering it? We were sued years ago for a minor accident - but insurance covered it all.

[scorpion35]

Unless there are 2 people here with the same name, it is showing from previous posts that you have already been discharged and closed. If that's the case I think you are out of luck.

http://www.bkforum.com/showthread.ph...nsNo-WOOOHOOOO

suspicious

[IBroke]

suspicious

Why is it "suspicious"? The OP only claimed in this thread that the accident occured between filing and discharge - NOT that he/she hasn't been discharged yet.

[scorpion35]

Why is it "suspicious"? The OP only claimed in this thread that the accident occured between filing and discharge - NOT that he/she hasn't been discharged yet.

my bad