Manchel
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New Jersey Bankruptcy Lawyer Explains How Personal Injury Or Death Lawsuits Are Handled If The Debtor Was Intoxicated

June 13, 2013 by Robert Manchel

Many clients have questions regarding their debt and which items can be discharged in bankruptcy.
A debt that was incurred as a result of personal injury or death caused by operating a vehicle while intoxicated is not dischargeable in a chapter 7 or 13.
The debtor must have been intoxicated at the time. Intoxication may be due to alcohol or any other substance. Also, the standard of intoxication is based on the laws of the state.
The debt must be due to the death or personal injury of a person. Nondischargeability does not include debt incurred due to property damage, as a result of operating a vehicle while intoxicated. In other words, debt due to property damage caused by operating a vehicle while intoxicated is dischargeable.
The debt is nondischargeable if the debtor is operating a motor vehicle, vessel, or aircraft. If the vehicle is not deemed one of the aforementioned vehicles, the debt is dischargeable.
If the debt is nondischargeable based on the above facts, a chapter 13 debtor must pay such debt as a priority through the bankruptcy plan.
Robert Manchel, NJ bankruptcy lawyer, may be contacted at 1(866) 503-5655 to talk about your situation and how bankruptcy protection may apply.

Filed Under: General Bankruptcy Information

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      Manchel
      New Jersey
      Bankruptcy Law

      This web site is designed to provide general information regarding the bankruptcy laws. The bankruptcy laws are complex and may be applied differently, in each case, depending on the particular facts. There may be numerous exceptions and variations for each law and rule. Do not rely on the information provided in this web site. If you are considering filing for bankruptcy protection, you should consult with an experienced NJ bankruptcy lawyer. We are a debt relief agency. We Help people file for bankruptcy relief under the bankruptcy code.

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      • Home
      • Chapter 7 & Chapter 13 Info
        • Chapter 7
          • How Does a Chapter 7 Bankruptcy Work
          • NJ Chapter 7 Bankruptcy Process
          • Chapter 7 and Chapter 13 Required Documents and Information
        • Chapter 13
          • How Does a Chapter 13 Bankruptcy Work
          • NJ Chapter 13 Bankruptcy Process
          • Chapter 7 and Chapter 13 Required Documents and Information
        • Chapter 7 and 13 Differences
        • NJ Bankruptcy Info
        • How Bankruptcy Affects You
        • How Bankruptcy Helps
      • Avoid Foreclosure
        • Loan Modification
        • Mortgage Foreclosure Mediation
        • New Jersey State Courts and Procedure
      • About
        • NJ Bankruptcy Attorney Robert Manchel
      • Why Hire Us?
      • Q&A
        • FAQ’s
        • Articles
        • Resource Links
      • Contact Us
        • Office Locations