If you are considering filing for bankruptcy hoping to discharge debt related to a driving under the influence (DUI) conviction, this blog is for you! Bankruptcy law excludes certain types of debt from being discharged, including some debts related to a DUI.
Pursuant to 11 U.S.C. §523(a)(9), debts arising from the “death or personal injury caused by the debtor’s operation of a motor vehicle, vessel, or aircraft if such operation was unlawful because the debtor was intoxicated from using alcohol, a drug, or another substance” are non-dischargeable.
What does that mean? It means that if you have been convicted of a DUI, you cannot eliminate your liability to pay:
- Monetary damages awarded due to the victim of your accident
- Restitution ordered by the court
- Fines imposed by the court
In short, it is likely that any monetary debt resulting from your DUI will not be eligible for discharge in your bankruptcy case.
It is important that you also understand that an insurance company seeking to recover subrogation damages has the ability to file an objection to your discharge. Pursuant to 11 U.S.C. §523(a)(6), debts resulting from the “willful and malicious injury by the debtor to another entity or to the property of another entity” are non-dischargeable.
Please keep in mind that every case is different. If you are considering filing bankruptcy, have questions about how your DUI-related debt will be impacted by your filing, and would like to schedule a no-cost consultation, please contact our office by completing the form on this website or calling us at (954) 932-5377.