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Bankruptcy Debts: Accidental Injury

Bankruptcy debt chapter 7
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If you file a Chapter 7 Bankruptcy and have a debt due to accidental injury, this debt is dischargeable.

When you accidentally hurt someone and are sued, this debt can be included in bankruptcy.    You can be debt-free.   Debts incurred as a result of accidental injuries are dischargeable in a Chapter 7 Bankruptcy   https://njbankruptcylawfirms.com/chapter-7/.  Below is an example of a specific case.

Background – Bankruptcy Case to Discharge Debt:

  • Large fire pit at a July 4th Party.
  • A person injured alleges that the person attending the party (“Partier”) showed him a blank round of ammunition and said he was going to throw it into the fire pit.
  • Partier denied telling anyone that he was going to toss anything in the fire.
  • The injured party is treated by hospital staff.
  • Hospital staff advises that the metal object in the neck was not consistent with a fragment from a bullet.
  • The injured party filed suit against the “partier”.
  • Partier files bankruptcy.

Court Ruling on Dischargeability of Debts in Chapter 7 Bankruptcy:

  • The injured party does not prove that his injury was caused by a bullet.
  • “Partier” did not know the injured party
  • There is no reason to believe the Debtor wanted to hurt anyone.
  • Court did not believe that the “Partier” intended to hurt anyone 
  • The wrongful act was not willful and not malicious ; there are exceptions to discharge.   
  • Debt is dischargeable.

Accidental injuries are not willful and malicious and can be included in your bankruptcy and discharged.

Chapter 7 bankruptcy enables you to be free of this type of debt.

Do you have a debts that you are not sure can be discharged in bankruptcy?    I am here to help you, call me for a free bankruptcy consultation.

I will provide you with expert bankruptcy advice during our in-person consultation.    Contact me today:   Ralph A. Ferro, Jr., Esq.  (201) 446-5904