Restitution for Minor daughters auto accident-not alcohol related

[lunatango]

Prior to my Chapter 7 ( Pro Se) filing but prior to discharge I was notified of a pending lawsuit for damages from my daughters fender bender. She was 17 at the time of the accident and is now 19. When I was initially notified of the Insurance Subrogation collection process (letters) , I immediately amended my schedules to include the accident damages as well as notification to insurance co. & other driver, and mailed out the Certs of Mailing. Now, my daughter is 19 and the Court is proceeding with a restitution hearing for $800.00. collection for the other drivers out of pocket for Insur. Deductable and Car Rental. I appeared with my daughter and explained and provided proof of Chapt. 7 and discharge along with the amended schedules. The court has said I need to show why the Chapter 7 process and discharge of BK protects me and my minor daughter from any collection for the other drivers out of pocket for Deductable and Car Rental.

I contend that I am protected from this debt (& Minor Daughter) with the Discharge.

I have heard conflicting opinions from 2 different attys.

ANY HELP would be greatly appreciated. Thanks

[keepinitreal]

Sorry for your stress, lunatango! From everything I've read, Federal Bankruptcy Court trumps non-federal court cases, so it seems like you would be right that your debt to them has been discharged. Unfortunately, hiring an attorney to support your case could cost more than the amount you'll be charged. Good luck to you though!