Driving while under the influence of drugs or alcohol is a serious mistake to make, and an expensive one at that. Meaning, there are large fines associated with a DUI conviction, which can make matters worse if you are already financially struggling. Follow along to find out whether debt from a DUI can be wiped out by a bankruptcy filing and how a proficient Rockland County bankruptcy attorney at The Law Offices of Allen A. Kolber, Esq. can help you navigate this situation.
Is it possible for debt from a DUI to be wiped out by bankruptcy?
The short answer is, no, you cannot wipe out your DUI debt through a bankruptcy filing. This is because DUI debt is a type of non-dischargeable debt, meaning that the bankruptcy court cannot and will not release this debt during your proceedings.
More specifically, the Bankruptcy Code says something along the lines of, if there is a death or personal injury caused by a debtor’s operation of a motor vehicle while intoxicated from using alcohol, drugs, or another substance, then this debt will be considered non-dischargeable. This is so a debtor does not escape liability for the death or personal injuries they caused.
However, the Bankruptcy Code states that if no death or personal injury occurred, but there was a utility pole taken out, a fence was damaged, another car was damaged, or some other property damage claim was filed against a debtor due to their operation of a motor vehicle while intoxicated from using alcohol, drugs, or another substance, then this debt may be eligible to be wiped out. This is unless a creditor brings a timely action to the bankruptcy court and prevails.
But to begin with, it will be all the more difficult to successfully file for bankruptcy if you have a DUI on your criminal record.
What debt can be wiped out by bankruptcy?
Rest assured, you may have some dischargeable debts that the bankruptcy court will release during your bankruptcy proceedings. Just some examples are as follows:
- Your credit card debt.
- Your debt from medical bills.
- Your debt from lease obligations.
- Your debt from contract obligations.
- Your debt from utility bills.
- Your debt from personal loans from family, friends, and other loved ones.
With all that being said, if you are struggling with getting relieved of certain debts, or if you are struggling to file for bankruptcy to begin with, then you must retain the services of a talented Rockland County bankruptcy attorney. We will do everything in our power to get you back on your feet again. So pick up the phone and schedule your free initial consultation with The Law Offices of Allen A. Kolber, Esq. today.