non-dischargeable debt
Whether a debt can be wiped out in bankruptcy can change everything about a person's finances and the value of a legal claim. Some debts go away when a bankruptcy case ends, but others stay attached to the person who owes them, even after a discharge. A non-dischargeable debt is an obligation that bankruptcy law does not erase, either automatically or unless the debtor proves special hardship. Most of the rules come from 11 U.S.C. § 523 of the federal Bankruptcy Code.
Common examples include many recent tax debts, child support, spousal support, debts caused by fraud, and many student loans. For injury cases, one category matters a great deal: debts for "willful and malicious injury" under 11 U.S.C. § 523(a)(6), and debts for death or personal injury caused by drunk driving under 11 U.S.C. § 523(a)(9). That means a person who caused serious harm may still owe money even after filing bankruptcy.
In Washington, that can directly affect the real value of an injury judgment or settlement. Because Washington does not cap non-economic damages, a successful claim may include substantial pain-and-suffering damages, and whether that award can survive a defendant's bankruptcy may shape settlement strategy. On the other side, ordinary medical bills are often dischargeable, so bankruptcy may still help an injured person manage treatment debt while preserving a separate injury claim.
We provide information, not legal advice. Laws change and every accident is different. An experienced attorney can evaluate your specific case at no cost.
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