If you are considering filing a personal bankruptcy, you may be wondering how driving under the influence (DUI) charge will be handled in your case.
The primary goal of filing a Chapter 7 or Chapter 13 is to eliminate debt. However, you should understand that not all types of debt are dischargeable. Bankruptcy law excludes specific types of debts from being eliminated in bankruptcy, including some debt associated with DUI charges. Therefore, it is imperative that you confer with one of our bankruptcy attorneys regarding any alcohol-related charges you have against you.
Below are few examples of the types of DUI-related debts that may not be eligible to be discharged in your bankruptcy filing, including:
- Court-ordered settlement payments for monetary damages caused to another party in your DUI-related accident
- Any amounts a court found you liable for that exceed a victim’s insurance limitations
- Any debt associated with your DUI and driving without insurance
- Any monetary damages you are held liable for due to an injury caused by a “violent crime,” which may include DUI
- Any court-ordered payments you are liable to pay resulting from malicious or intentional injuries
If you are expecting to discharge your DUI-related debt, it is imperative that you discuss your options with a bankruptcy attorney. You may benefit from filing a Chapter 13 because even though the debt related to your DUI may not qualify for discharge, a Chapter 13 repayment plan provides a tool for you to pay the debt over a period of three to five years. A Chapter 13 bankruptcy allows you to organize, consolidate and afford all of your debt, including the debt related to your DUI charges.
If you are interested in learning more about filing a Chapter 13 bankruptcy and how it impacts your debts, contact one of our seasoned bankruptcy attorneys to schedule your appointment.