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Posted: 2/21/2006 9:15:04 AM EDT
With the changes in the bankruptcy laws, what protection does a person have in the event of a civil suit that awards hundreds of thousands or millions of dollars?

For example, lets say you are involved in a shooting, and the relative of the dead bad guy decide to sue you for their loss and pain, and some moron populated jury award the relative a huge sum of money. And lets say that you don't have the resources for an appeal, or even if you lost at the appeal (doesn't matter for this hypo), and you are faced with the loss of your home, property, basically everything you own - can you file for bankruptcy protection?

Link Posted: 2/21/2006 9:47:54 AM EDT
[#1]
One thing you have to concern yourself with is which state.  Not all have the same situation as FL regarding your home: here they can't take it, elsewhere they can.  (Wondering why OJ moved to FL?)

Given your scenario, there isn't much one can do other than bankruptcy.  And, one has to look in detail at the new laws (I'm not an attorney) to see if bankruptcy can be declared after a judgement.

Even if you do go the bankruptcy route, they won't let you walk away, you may be saddled with a "payment schedule".

I have other thoughts, especially a "what I would do", but they would be clear violations of the CoC.
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