Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Hi and thanks for asking your question. My name is XXXXX XXXXX I will be assisting you. Many personal injury claims can be discharged, although there are certain claims that cannot. For example, in accordance with Section 523(a)(6) of the Bankruptcy Code, debts for "willful and malicious injury by the debtor to another entity or to the property of another entity" are not discharged. Also, the Bankruptcy Code prohibits the discharge of any debts arising from the "death or personal injury caused by the debtor's operation of a motor vehicle, vessel, or aircraft if such operation was unlawful because the debtor was intoxicated from using alcohol, a drug, or another substance." Thus, it depends on the nature of the personal injury claim. Most negligence claims can be discharged, but willful and malicious injury claims as well as the intoxication claims cannot be discharged.
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