should i file for BK??? "please help"

[tony99508]

ok heres what i got.....

back in 02 i got in a car accident, i was at fault, with no insurance, then in 04 their insurance sued me for the damages,
"$97,000" i answer to the summons i receive, with a answer to complaint letter, after that the judge closed the case for lack of prosecution, now in 07 three years later they are doing the same thing, so i answer to the summons i receive again, but this time the court set a "Hearing Set Event: Pre-Trial Conference" for october 22, so should i file for bk, i dont have any clue of what to do....

[Boscoe]

You need to go see an attorney who specializes in such things. If you won't owe the judgment, then no reason to file a bk. But if it looks likely you have exposure and will be forced to pay, then a bk would be a consideration. Need to talk to first an attorney who works these issues, and then if necessary a bk attorney after. Go see a couple to be sure you have the right one.

[HHM]

You need to see a BK attorney. Under some circumstances, debts related to pesonal injury cannot be discharged (i.e. if the court finds that you caused the injury willfully or maliciously, or if you were intoxicated at the time you were operating the motor vehicle).

I am surprised that they would still be bringing suit...most states have a 2 year statute of limitations on person injury claims.

[tony99508]

no i was not drunk when i had the accident, all the lawyers i talked to toll me the same thing , that i had the statute of limitations, but this a hole still set a date to take me to court well its a pre trial meeting i guess .....