A plaintiff in a Florida car accident case is entitled to a jury trial on the issues of negligence and damages, despite a trial court’s earlier ruling to the contrary. That’s per Florida’s Second District Court of Appeal in the case of Whritenour v. Thompson, where the strategic bankruptcy filing of a defendant threatened to derail the case.
Palm Beach County car accident lawyers know there are some personal injury debts that can be discharged in a bankruptcy filing. Where motor vehicle accidents are involved, the bankruptcy court excludes injuries caused by drunk drivers or those where the injuries were caused by willful or malicious intent.
Still, all others, considered “creditors” in the bankruptcy case, can file an “adversary proceeding,” requesting the court to set aside the automatic stay and discharge and force the debtor to pay.
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