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Can A Judgment Obtained As Result Of A Wrongful Death Be Discharged In Bankruptcy?

Are you wondering if the at-fault party can bankrupt a personal injury that killed a loved one? The general answer is it’s possible, but not always, as intentional acts, if it was, cannot be BK’d. Attorney Michael Ehline explains everything you need to know in this helpful video.

Video Transcript

” 0:00 can a judgment obtained as a result of a 0:02 wrongful death be discharged in 0:04 bankruptcy in a wrongful death case it 0:08 depends on the jurisdiction you’re in 0:10 but bankruptcy courts often will 0:13 discharge torts like negligence 0:15 including wrongful death if it was 0:17 simply a negligent wrongful death 0:19 however some states will not allow a 0:23 wrongful death to be discharged if the 0:26 plaintiff can prove that the death was 0:28 caused by an extreme conscious disregard 0:31 for life or extreme recklessness in 0:34 these cases the public and social 0:36 policies say no you cannot discharge 0:40 that because then anybody could go and 0:42 kill someone and they simply wouldn’t 0:44 have to pay the piper in the end [Music]”

Again this is largely dependent on the jurisdiction. The bankruptcy code allows the discharge of negligence damages. However, some bankruptcy courts might declare damages resulting from extremely gross negligence or some forms of recklessness non- dis-chargeable.

Did you suffer a wrongful death, get a judgment? Are you unable to collect? Remember, O.J. Simpson was found civilly liable for wrongful death and acquitted of murder after Judge Ito excluded evidence in his criminal trial that many experts say was gross error by the court. This left O.J. free as a bird.

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He simply moved to Florida and got out of paying the Goldman family the wrongful death judgment against O.J.

So if you face something similar, call Ehline Law Firm for a free case consultation at (213) 596-9642. You can also use our free and easy online contact us form 24/7.

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