Drunk Driving Debts And Bankruptcy

Everyone makes mistakes in life, and whether they are big or small, and some mistakes may not have any consequences, while others may have life-changing effects. Consumers can end up facing the possibility of bankruptcy for any number of reasons, and mistakes in handling financial matters may be one of those reasons. If it is the right option, it can allow an individual to get a fresh start, free from the crippling debt that brought them to that point in the first place. Bankruptcy does provide for many debts to be discharged, but there are some debts that are not dischargeable. When filing for bankruptcy, a debtor may question which category their specific debts fall into. In some cases, debtors may have debts that stem from drunk driving – to what extent are these dischargeable?

What Factors Will Prevent Your Debt Stemming From Drunk Driving From Being Dischargeable?

Under 11 U.S. Code § 523, debts stemming from drunk driving incidents are generally not dischargeable. When debts concern issues of bodily injury or death, then the debt is non-dischargeable. Specifically, debts that arise due to a death or personal injury caused due to a debtor’s operator of a vehicle and that operation was illegal because the debtor was intoxicated in some way at the time, then the debt cannot be discharged in bankruptcy. This happens automatically without the creditor having to do anything in the bankruptcy court to ask that the debt not be discharged. Another instance in which drunk driving related debts are not dischargeable is when the debt is associated with property damage caused by willful and malicious actions.

When Are Your Drunk Driving Debts Dischargeable?

Unlike the situation above in which a drunk driving debt has arisen as a result of willful, malicious behavior, if the debt is associated with property damage alone, is not the result of the listed bad behavior, and there are no personal injuries involved, the debt can be discharged in bankruptcy. It is important to note that in these types of cases, a creditor has the opportunity to bring a timely action in bankruptcy court to prevent the debt from being discharged.

When Considering Filing For Bankruptcy, Contact The Whitten & Whitten For The Answers You Need

If you are wondering whether bankruptcy is right for you and your financial situation, or if you already know you are going to be moving in that direction, contact the Whitten & Whitten. Particularly in cases which involve unique factors, our experienced professionals will be able to explain the process in a way that makes sense with compassion and care. Facing financial difficulty is never easy, but the professionals at the Whitten & Whitten will be able to answer your questions knowledgeably and help you manage a stressful situation with confidence in knowing you are making the right choice for your future. Contact us today online or call us at 219.756.0555 to schedule your complimentary consultation today.