Tag Archives: DUI

DUI Charges in your Bankruptcy Filing

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.

DUI Charge pic

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.


DUI Debt in Bankruptcy

Attorney serving Satellite Beach, Florida

Faro & Crowder, PA

When you file for bankruptcy protection, your primary goal is typically to discharge or eliminate your debt. However, it is important to understand that there are certain types of debt that the law excludes from being discharged. Pursuant to 11 U.S.C. §523(a)(9), one type of debt that is not eligible for discharge is one 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.”

In other words, if you were driving under the influence of drugs or alcohol and you caused a wreck, any debt you owe to the victims of the accident cannot be discharged. In most cases, you cannot eliminate restitution damages or monetary penalties imposed by the court.

It is possible that an insurance company seeking to recover subrogation damages will file can objection to your discharge pursuant to 11 U.S.C. §523. Debts resulting from the “willful and malicious injury by the debtor to another entity or to the property of another entity” are excluded from discharge under section 523(a)(6).

You should also be aware that the bankruptcy courts follow the state law of the jurisdiction where your criminal prosecution was held. This means that the results of the blood alcohol limit of the state where you got your DUI will apply, not the state where you file your bankruptcy case. This prevents debtors from “forum shopping” and filing their bankruptcy case in a jurisdiction with a higher blood alcohol level in an attempt to escape liability.

If you have DUI-related debt and you are considering filing a Chapter 7 of Chapter 13 case, it is essential to obtain legal help. One of our personal bankruptcy attorneys can review all of your debts and help you understand how each of them will be handled in your filing.

If you are interested in learning more about how a bankruptcy filing will impact your debt, contact Faro Crowder, PA to schedule an appointment.  Our offices are located in Melbourne, Florida but we proudly serve individuals, families and businesses located in Palm Bay, Viera, Cocoa, West Melbourne, Cocoa Beach, Satellite Beach and the Space Coast.


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