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CAN YOU PUT A CIVIL JUDGMENT IN BANKRUPTCY?

Frequent Contributor

CAN YOU PUT A CIVIL JUDGMENT IN BANKRUPTCY?

2 Years ago my wife was hit by a drunk driver and was hurt really bad .... about 20 broken bones and severe contusions.. make a long story short he lost in court and owes my wife 325k it looks like he trying to file bk wondering if he can put her judgment in the bk.... we live in ohio...
2wheel
Message 1 of 5
4 REPLIES
Established Contributor

Re: CAN YOU PUT A CIVIL JUDGMENT IN BANKRUPTCY?

fines resulting from criminal charges cannot be discharged, but it is possible to wipe out a civil judgement I do believe.

 

I believe OJ moved to Florida because the BK laws were more forgiving for this very reason.

Message 2 of 5
Frequent Contributor

Re: CAN YOU PUT A CIVIL JUDGMENT IN BANKRUPTCY?

Didnt know . he was convicted of omvi plead down for settelment we live in ohio dont know if that makes a diffrence

2wheel
Message 3 of 5
Frequent Contributor

Re: CAN YOU PUT A CIVIL JUDGMENT IN BANKRUPTCY?

I don't know if it is currently allowable, but it definitely used to be.
Message 4 of 5
Frequent Contributor

Re: CAN YOU PUT A CIVIL JUDGMENT IN BANKRUPTCY?

NOPE!!!!!!!!! Smiley Happy

 

According to Ohio BK Law:

 

§ 523. Exceptions to discharge

(a) A discharge under section 727, 1141, 1228 (a), 1228 (b), or 1328 (b) of this title does not discharge an individual debtor from any debt—

 

I didn't list it all, only the specific section (9) which applies in your case:

 

(9) for death or personal injury caused by the debtor’s operation of a motor vehicle, vessel, or aircraft if such operation was unlawful because the debtor was intoxicated from using alcohol, a drug, or another substance;


You can't have your cake and eat it too. But you can dip your finger in the bowl and lick the icing!
Message 5 of 5