I have a brother in law, who was being sued by the parents of a great friend who died while he was driving a vehicle on wet roads. They were suing on the grounds of negligence for the fact that his tires were improperly inflated. Boy, what people will do these days! He wasn't drunk, or under the influence of anything, but the car was registered in my parent "in-laws" names and they were included in the lawsuit. My father in law owns his own company and a home fully paid worth $200,000. This dragged out for over 2 years and finally his lawyer had enough of the family of the victim and he convinced my brother in-law to sign a paper that would keep his parents from losing everything. He agreed to negligence in the death and a settlement of $1,000,000 to get them to drop their lawsuit against his parents. Everyone told him NOT to do it, but he was scared because these lawyers pressured him into signing it. He was scared, he is only 20 years old and didn't want to see his parents lose everything because of him. Now for the question. Is it possible to file a Chapter 7 Bankruptcy and NEVER pay a dime to this settlement? His lawyer said that he could do it that way, but I have my doubts. Anyone with experience on this?
it seems odd that they'd agree to that particularly if he has no net worth and his parents do. i'd get several written legal opinions as to how enforceable the settlement agreement would be if he does file ch 7. he may want to put some time between the settlement and his ch 7 to avoid a court finding that he signed the agreement with the full intention of filing ch 7 afterwards, and the court then allowing the suit against his parents to be reinstituted. (with his declaration of negligence still floating out there...) this sounds really sketchy to me.
I think mostly they were after him giving a written statement saying that he was negligent. Once they obtained that, I don't think they were really worried about anything else. They do however want the money. From what I hear, both lawyers wanted the plaintiff out of their hair. He petitioned our entire town and fired his first lawyer. His lawyer probably coaxed the plaintiff into believing this was his best option as well.
I have read somewhere that certain judgments, like dwi related, can't be discharged in bankruptcy. I would check real close--especially since he is admitting negligence. Where is the auto insurance company in this?
Since he admitted to everything and has an agreement not to go after the parents, so what they got $1,000,000 judgement. Its not worth the paper its written on. What happened to his auto insurance carrier??? Filing for BK 7 or 13 will not help him at all since he admitted to all. Just because you have a judgement does not mean that it is enforceable. What are his SOL for judgements in his state?? Niext if his attorney pressured him into such a lopsided agreeement I'd seek ethical violations against the attorney.
YES, he can get out of this in its entirety by filing BK. BK gets rid of all debts unless specifically excepted, and (unless you're hiding something in your story) the only exceptions that are remotely relevant are: "(6) for willful and malicious injury by the debtor to another entity or to the property of another entity;" which would require him to have intentionally caused harm, which he didn't admit to (did he?) and... "(9) for death or personal injury caused by the debtor's operation of a motor vehicle if such operation was unlawful because the debtor was intoxicated from using alcohol, a drug, or another substance;" which would require him to have been drunk or stoned, which he wasn't. If his lawyer made certain that this admission was worded properly, this was a smart thing to do. It protected his parents (who are the only ones with assets), and he can get out from under with a BK at a point in his life when he is just beginning to build credit anyway. He'll be out by the time he's 30 (if not sooner). If he's like most 20 year olds, he doesn't even have the income to do a C13, so he can get entirely out from under. I WOULD advise him to talk to a BK attorney and ask if he should stall a little to keep things looking good, but I don't think it's necessary. He DOESN'T want to wait until they get a lien on any of his assets (if he has any that he cares about, a house would be the only thing that's likely to matter); those are much harder to get rid of.
Something about this thread isn't sitting right with me but I've a question please, nonetheless, helpwanted, you said in your initial post that this took over 2 years and that your brother-in-law is now 20, was he a minor at the time of the accident? Sassy
Sorry, I just received the updated information. The only reason I gave so many details is to get someone to reply. I didn't really have to give so much info, but I thought it would help someone give an honest answer instead of all of the "thoughts" about "was he drunk" etc..... My brother in law is 22 yo, not 20 as stated earlier. And this has taken 3 years to settle. He took this girl to prom when they were in HS and they always hung out together as good friends. Her parents absolutely loved him and on the night of the accident her brother (who is volunteer fireman) called saying there was a bad accident and wondered where his sister was. When the parents found out that she was with my brother in law, they said "Ohhhh, good, because there was a bad wreck and it looked like XXXXX's car" We found out later it was his car. Anyhow, all 3 passengers were thrown from the vehicle and my brother in law was lying on top of the car when he awoke. The girl who died hit a telephone pole when she flew from the vehicle and instantly died. He really had a hard time with her death and he has a tatoo of her name and a rose on his back. Her parents have had nothing to do with him since the accident. The girl's inheritance from her grandmother totalled nearly $500,000 (from what we were told) and the mother received the full amount when her daughter died. They bought a new house, built one for her brother, bought new cars and a large boat with her inheritance. My brother in law was 18 at the time of the accident and they were suing my parent -in laws on the grounds that they should have known that my brother in-law had traffic tickets which made him an unsafe driver???? This should have made them take the car which was in their name from him and not allow him to drive. He was living at home at the time of the accident. Anyway, that is the story. He signed a letter that admitted he was negligent or they would NOT accept his $1,000,000 settlement. Thats most of the full story. Its real, and I haven't left anything out. I didn't follow this much because I felt they didn't have a chance against him. I was completely surprised when I found that his lawyers said he would most definitely lose, and that his parents would probably lose at a jury trial as well. They said they didn't have much luck with traffic negligence cases in court..............
I think there is a huge piece of the puzzle missing. I would assume his parents had liability insurance. Likely the victims family accepted the limits of the insurance policy and that's how the parents got off the hook. His assuming the balalnce is probably just fluff. Since no drugs or alcohol was involved, he can bk this judgment. As others have said, he needs some real specific legal advice. I'd see a lawyer and not one who does free initial consultations.
his parents had full coverage insurance, none of it has gone to the parents that I know of. I'll have to ask. I try not to get too much into it as I can tell when I start talking to him about it that he is really hurt or just perturbed. What piece is really missing from this? I have seen the police reports, no mention of drugs or alcohol. Tire inflation is the ONLY thing wrong with it, that and he admitted to doing 50 in a 45 mph zone. The officer also noted that he had aftermarket rims with low profile tires and that these rims were not designed for this vehicle. (bogus) After the wreck, I put the rims on my car and drove it for over a year before they were stolen. He was charged with not wearing his seatbelt (the only thing they could ticket him for) and he pleaded guilty to that and paid the fine.
Helpwanted, I'm sorry if my post was interpreted that I was pondering whether he was dwi. Not my intention - I just knew I had read somewhere that some types of judgments were not dischargeable based on dwi, and a few other factors, and you said he admitted to negligence. Reddevil posted what I was referring to. I took your post at face value. In our litigious society there doesn't have to be "more to the story" for something like this to happen. Remember the McDonald's coffee suit? I wish him luck--he is still a young man, and I hope he will be able to put all of this behind him someday.
I was actually referring to keepmine when I asked about the "piece of the puzzle", I appreciate the concern. My wife said I upset her brother when I told him I didn't think a settlement was dischargeable through bkruptcy. He felt he was duped into signing it. I hope what you all say is true, and he will go see a lawyer, but gosh, he has been seeing one for 3 years now. I think he wants a break from it all. He has no real assets. He's been holding off on buying something until he got this behind him. I hope he makes it out ok too!
Here is what I'm (and I think Sazzy as well} getting at. Nobody releases a party who has assets from liability and allows someone with no assets who can easily file bk assume the full burden. It may well be his parents signed some sort of confidentiality agreement with any possible setlement.
Noooo, thats what I am telling you. I know his parents signed absolutely nothing. If you refer to my previous posts, as I said, the court system had tired of this guy. He was constantly harrassing them and asking what the hold up was. He petitioned our town for signatures to oust the judge and prosecutor, he called the courts nearly 2 times a week, and his lawyer probably 3 times a week. They all were tired of him and I believe somehow they talked him into taking this settlement thinking he would make the $1,000,000 over night. They probably lied to him to get him to stop. Possibly even told him that he NOW didn't have a case against the parents. He thinks he made out, and I was thinking he made out too, because I didn't think my brother in law could file Bkruptcy and get rid of this settlement! Anyway, hope it is clearer now.
He needs to see an attorney that specializes in BK, not PI defense. They can tell him when and how to file, and the best way to shield himself from this. Don't know what state you are in, and whether they can garnish his wages (TX you can't), so he may or may not have some time to just clear his head. BTW - here's a thought. Who paid his attorney? Insurance company? This may explain the duped into feeling. The insurance agency's attorney is hired to look out for the best interest of the insurance company, not the driver. If you BIL paid for this himself, his attorney won't mention BK - why he might not get paid!
This is what I was thinking, too, as you told this story. Sometimes moral outrage that is partly larcenous can come back to bite a person. If this is what happened (that the victim's parents traded his parent's assets for his full responsibility in hopes of one million) - then that young man had a dang good lawyer and some help from others in the town. Basically - it sounds like they took a carrot and bit. But, I'd agree that he needs to sit with a new lawyer to see if the judgement can be discharged. I'd also see how long he needs to wait to file, if he can discharge this.
helpwanted, My post asking for clarification of his age with the statement that something wasn't sitting right with me about this thread wasn't in response to your initial post, but rather reddevil's response. I was touched by your first post and accepted it as you posted it, it was later that I noticed the age may be off. Certainly it would have been an issue if the accident occurred when he was a minor. I don't know what to say really, I'm sorry for your brother-in-law having that judgment as a result of something that was an accident firstly and that he'll live with for the rest of his life, regardless of the judgment. On the other hand, I'm sorry too for the parents having lost their daughter, which they to will live with for the rest of their lives. That they chose to sue in addition to the grief of everyone's loss only compounded their grief, in my humblest of opinions. But, I'm a mother too, my oldest son is near the same age (and with the traffic tickets too) and his prom picture sits right here, dear to my heart. Would I sue if faced with wearing those shoes, gosh I hope not, but I have to honestly say I can't fathom how one copes with the emotions and life-changing grief that touches everyone in your story. That's what was not sitting right, there's nothing that will bring back the girl, who was a daughter and friend and only just beginning her life; there's nothing that will ease anyone's grief but faith and time and even that won't get anyone what they truly want -- the ability to go back in time and reverse that event from ever happening. We all cherish our loved ones, and the girl was loved and loved by your brother-in-law as well. There's no justice in your story because we're all humans on an earthwalk; there's no justice to be found. I can't believe the judgment nor the inheritance, the new houses nor new cars, have given the girl's family what the truly need and are seeking -- no amount of money or things can do that. The same is true for your brother-in-law, likely there's nothing that can ever give him what he truly needs and wants as well. I'm glad he wasn't under the influence of anything, just as an outsider looking in that you've shared your story with. That makes a difference for me, reading along, and I'm sure is likely one of the first questions those whose lives have been touched by this are asked. The truth is bad things happen, tragic and heart-wrenching, to good people. That they were in high school and good friends and it was prom night, makes it all the more grievous. I don't think your brother-in-law should suffer more than he has and will continue to suffer as he lives with this, forever. I don't think it's right he was sued for something that was truly an accident. I truly hope I wouldn't make the same choices as the girl's parents did, but more than that, I hope I never wear those shoes and have to face such a choice from either side of the fence. My heart is with you helpwanted, there are no easy answers here, nothing anyone can say that will truly make things right in the end -- and, there is no end for either of the families involved. Sassy
sassy, That was an excellent response, and I have promised my wife and family that if anything happens to them as an "accident" that I WILL NOT sue. I also asked them to promise me as well, that NO MATTER WHAT, even if I, as an adult, make a decision to ride with someone who is legally drunk, that they do NOT sue as a result of my death. I would hope that everyone discusses this with their loved ones as well. I think it would help me (god forbid something like this every happened to my immediate family) in knowing that my wife wouldn't want me to sue her best friend. I thought this was strange that the parents would do this, but even stranger is a recent lawsuit brought against the parents of a 30 year old man who accidently drove his Jeep into a river. His passenger was a very good friend (27 yrs old). It was on unsolved mysteries and they found the missing couple 2 years later. The parents of the young woman filed a lawsuit against the parents of the driver for wrongful death. It was in the papers and can be found at http://www.unsolved.com/0104-Rundle-Kenley.html The lawsuit is here: http://www.theindependent.com/stories/082102/new_kenleys21.html
helpwanted, Good idea discussing this with loved ones. I really don't want to believe that the parents of the girl that died were profitting from her death. Maybe that's my naive sassy-view and I'm just going to cling to it because to believe otherwise means I really don't like the people we've become as a race of humans and I don't think I'm ready to say that it's the majority of us. That said, for all the good in the world, I know that there is an equal bad, light/dark, stop/go, maybe it keeps us all in balance or in knowing both exist we can then be free to choose that which is good, of our own free will. That's where I'm hanging my hat, the good guys still win in the end because we get what we give, the ole' sow/reap. Here's another disturbing story, I guess we can only hope that the lower the lowest amongst us go, the higher we can go the other way. Mom fakes daughter's cancer Woman fools own child, public in leukemia ruse, citizens 'destroyed' http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=30102
