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22 year old filing for bankruptcy because of lawsuit

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    Question 22 year old filing for bankruptcy because of lawsuit

    Several years ago when I was a minor, I was involved in a physical altercation. Stemming from that altercation, I have recently been served a lawsuit for a sizeable amount of money. I am currently 20 years old, in college, and have no assets. My parents support me. My permanent address is in California. The incident occurred country, and I am being sued in that country (not the USA). With that said, there is a treaty that allows the lawsuit from that country to be enforced in the USA.

    I have spoken to several civil lawyers and this point, I have a few options. One, I can retain a lawyer and try to minimize the judgement the plaintiff gets. Two, I can not respond to the lawsuit which will likely result in a sizable judgement against me. Third, I was told bankruptcy may be an option, but I am unsre if this is even possible due to the fact that there are certain cases where one can't file for bankruptcy. And that brings me to this forum..is bankruptcy and option for me? What would the consequences be in the long and short term?

    Thank you in advance for all the help everyone.

    #2
    No one can advise you on whether bankruptcy will discharge your civil lawsuit without details. Your best bet is to obtain several FREE consultations with bankruptcy attorneys and pose this specific question. Be sure to tell them the details including the extent of injuries suffered, or alleged to have been suffered, by the plaintiff in the civil matter. Were there any criminal charges pressed? Were you convicted? Do you have fines and other criminal penalties?

    If this was a willful assault, then it would be non-dischargeable simply by 11 USC 523(a)(6). If you were convicted and plead guilty, even to a lesser offense, that may be enough to convince the bankruptcy judge, hearing a dischargeability complaint, that you were at fault, that it was willful and that it did cause injury.

    You really need to be seeking advice from both a civil attorney and a bankruptcy attorney. I personally do not believe the latter can help you. I especially see issues with you claiming to be a minor at the time of the incident. While it may vary from State to State, most jurisdictions treat those as young as 14 as adults for purposes of criminal prosecution.

    I wish it were a cut-and-dry answer, but so much depends on the underlying criminal aspect and, if it is criminal, would probably be non-dischargeable in a bankruptcy.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Thank you. Criminal charges were pressed and I was convicted. I will definitely speak to some bankruptcy attorneys.

      Comment

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