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 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