Expert: Mark J. Markus- California Bankruptcy Attorney - 12/27/2007

Question
Mr. Markus,
Heres the cliff note version of what happened and what I want to do.  I was hit by a car Aug. 29th while riding my motorcycle in traffic. I was almost stopped and the guy that rear-ended me was going over 50 mph while texting on his cell.  He is 20 y/o, lives with his parents and hit me with an 81' Buick with no insurance.  I did not have underinsured/uninsured motorist insurance.  I want to sue this guy and at least get moneys out of his paychecks.  My lawyers (Russ Brown) said that if we sue he can just file BK and I still get nothing, or should I say they get nothing either.  Can this guy file BK after a judgement is placed on him and will a lein on his paychecks be covered under such BK?  Since this accident I ended up with a broken back, ruined my career, I became homeless because I disability doesn't pay much and I already cashed in my 401K to pay my bills. What should I do?

Answer
Yes, they can discharge the debt in a bankruptcy, unless it was incurred while driving while intoxicated.  If you get a lien, the lien remains against whatever assets it attaches to prior to the bankruptcy case being filed, but I suspect he doesn't have anything.  Even if it does attach to property like a house, it can be removed during the bankruptcy if it impairs an exemption to which he is entitled under laws of whatever State's exemptions are applicable.