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    #16
    He was sued by an individual, not the state, and he was not drunk or on drugs.

    As the op said "back in 88 the attorney for the 1 who sued me said i can never file BK against this issue."

    To the op this was not a criminal SENTENCE but a CIVIL lawsuit in state court correct?

    debts for restitution or a criminal fine included in a sentence on the debtor's conviction of a crime. Was there a separate lawsuit after you dealt with the moving violation. If it was separate it is not criminal restitution but civil. It all matters when he was ordered to pay. I think it's civil. Really the court order needs to be looked at and see just what level of court gave the order.

    He was probably arrested for failing to report to court when ordered when he failed to make his payments, not so much for not paying. As he was out of state and did give notice of his new address to be served.
    3/2/09- Filed: chapter 7 / No asset
    4/1/09- 341 Hearing: 1 creditor showed up Got to love family feuds
    4/2/09- Trustee Report of No Distribution Filed
    6/24/09- Discharged and case closed

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      #17
      Something that was never mentioned was whether the OP had insurance, and I'm guessing no because the money was his/hers to pay. Many states require liability insurance, which could make a situation like this very messy. Disappearing from the state is frowned upon as well, especially if there was indeed an illegal action involved and/or a warrant. OP needs a lawyer and fast.
      Filed Joint, No Asset, > $100,000 Unsecured Ch.7 6/7/13 ~~ 341 Meeting 7/15/13 ~~ Discharged 9/16/13 !!

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        #18
        Yes i did have insurance and it paid out somewhere around 50 to 60 k. was full coverage... the 25 a week was called punative damages. btw i did some digging into my case file at the court house and seen that a witness for the plaintiff lied her arse off .. i would love to send my whole case file to someone . im in the state of illinois. or if anyone knows a good attny?

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          #19
          I've read a few case law and from what I have seen punitive damages sometimes survive Bk, sometimes do not.

          Most often if the damages are awarded do to malicious/criminal intent then they are not discharged.

          As one case ruling stated "The court determined that punitive damages should not automatically be prohibited in bankruptcy cases, nor should they be automatically allowed."

          So to answer your question, maybe.....

          Find a good lawyer, quick
          3/2/09- Filed: chapter 7 / No asset
          4/1/09- 341 Hearing: 1 creditor showed up Got to love family feuds
          4/2/09- Trustee Report of No Distribution Filed
          6/24/09- Discharged and case closed

          Comment

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