Adkin, TX Bankruptcy Law Firms & Lawyers

It depends on whether you file Chapter 7 and Chapter 13, the type of payment ordered in the divorce decree, and more. The general rule of thumb is no, but there are exceptions in Chapter 13 in the right circumstances.

It depends. If there is any finding that the there was some intention in the accident, the insurance companies may be able to file a complaint for the Court to rule their claims non-dischargeable. If there was no intention or gross negligence, for example, it is likely that it would be discharged along with all other debts. However, that does not happen automatically and the insurance companies need to make a cost-benefit analysis to figure out if it is worthwhile to pursue such a complaint as it involves retaining an attorney and going all the way through trial if you defend, which can be quite expensive for everyone involved. It most likely would cost more than $14,600 and then the creditor has to worry about whether such judgment can be collected from you.

At this point you have all sorts of problems changing title and a title change could lead to a denial of discharge. What is the car worth? That will make a difference. You need to discuss this with a competent bankruptcy lawyer before you do anything.