IS $3.7M CAR ACCIDENT LIABILITY DISCHARGEABLE IN BANKRUPTCY?|杨清泉律师事务所

IS $3.7M CAR ACCIDENT LIABILITY DISCHARGEABLE IN BANKRUPTCY?

It was 9 p.m. at night. Client had just finished his “hot pot” dinner at a famous restaurant and was on his way home. Home was only 10 minutes away. He had lived in this neighborhood for 30 years and was familiar with all the streets. This time he decided to make a right turn which crossed a pedestrian lane. The street light was a little dimmer than usual, but no matter, he had made this turn hundreds of times since he moved into this neighborhood. As his car crossed the pedestrian lane, he heard a thud coming from the right. Still, he didn’t see anything that might cause the thud but decided to stop the car to get a visual of the pedestrian lane on foot. He had a sinking feeling in his stomach when he saw a man, in his fifties, lying prostrate beside his right front bumper, moaning in pain.

There you have it. This car accident results in a $4M liability lawsuit against client. Client’s car insurance only covers $300K, so there’s still a difference of $3.7M. Client now considers filing a Chapter 7 to wipe out the $3.7M resulting from the accident.

Is the $3.7M a dischargeable debt in bankruptcy?

What does bankruptcy law say about this situation? The general rule is that a debt is dischargeable unless it is excepted from discharge. Section 523 of the bankruptcy code contains the exceptions to discharge.

Section 523(a)(3)(6)

Section 523(a)(3)(6) excepts from discharge a debt “for willful and malicious injury by the debtor to another entity or the property of another.” This means that a distinction is being made by the code between injury caused by “negligence”, and an injury that is caused by a “tort” which is willful and malicious. The U.S. Supreme court pointed out in Kawaauhau v. Geiger, 523 U.S. 57 (1998) that a “willful and malicious” act is not the same as a “negligent” or even a “reckless” act. This means that only acts done with the actual intent to cause injury fall within the scope of Section 523(a)(3)(6).

Kawaauhau v. Dr. Greiger

What happened in the case of Kawaauhau v. Geiger? Kawaauhau sought treatment for her injured foot. Respondent Dr. Geiger examined and hospitalized her to attend to the risk of infection. He prescribed oral penicillin even though he knew that intravenous penicillin would have been more effective as he understood that his patient wanted to minimize treatment costs. Dr. Geiger then went on a business trip, leaving Kawaauhau in the care of other physicians, who decided she should be transferred to an infectious disease specialist. When Geiger returned, he canceled the transfer and discontinued all antibiotics because he believed the infections had subsided. But Kawaauhau’s condition deteriorated requiring amputation of her leg below the knee. Kawaauhau then sued Geiger for malpractice and the state court awarded her $355,000 in damages. Geiger carried no malpractice insurance, moved to Missouri, where his wages were garnished by Kawaahau. Geiger then filed for bankruptcy. Kawaahau filed an adversary case objecting to discharge alleging “willful and malicious” intent to cause injury. The bankruptcy court held the debt non-dischargeable concluding that Geiger’s treatment fell far below the appropriate standard of care and therefore ranked as “willful and malicious” and held the debt non-dischargeable.

The Eight Circuit court of appeals reversed, holding that the exemption from discharge is confined to debts for an intentional tort, so that a debt for malpractice remains dischargeable because it is based on negligent or reckless conduct. The Supreme court then affirmed what the appeals court said by stating that “Had the Congress meant to exempt debts resulting from unintentionally inflicted injuries, it might have described instead “willful acts that cause injury” or selected an additional words or words, i.e. “reckless” or “negligent,” to modify “injury.”

Section 523(a)(3)(9)

Section 523(a)(3)(9) states that a debt is not dischargeable “for death or personal injury caused by operator of a motor vehicle… if such operator was unlawful because debtor was intoxicated from using alcohol, a drug, or another substance.” This doesn’t apply in client’s case as he was completely sober at the time of the accident.

PRAYING ALWAYS HELPS

It also helps to pray to our God, His beloved Son, Jesus Christ, and the Blessed Mother Mary for divine protection against these kinds of accidents, and financial problems, because we have a God who loves us and His beloved Son, Jesus Christ, showers us with infinite mercy. All we have to do is humble ourselves and pray to the Sacred Heart of Jesus for a drop from his ocean of infinite mercy. Jesus revealed in 1930’s to Saint Maria Faustina Kowalska of Poland that all sinners which we all are and those who do not believe in God and those who do not yet know Jesus, should all be brought to His sacred heart and be submerged in the ocean of His infinite mercy, for the sake of His Sorrowful Passion. Anything you ask for when you pray the chaplet for His divine mercy will be granted, if compatible with His will. Moreover, you are guaranteed a peaceful death.

What is the current proof that God and Jesus are divine and all powerful? I refer you to exhibit A, the incorruptible body of Carlo Acutis!

CURRENT ONGOING PHYSICAL PROOF GOD IS ALMIGHTY

INCORRUPTIBLE BODY OF CARLO ACUTIS DIED 2007 AT AGE OF 15

Look at the incorruptible body of the blessed Carlo Acutis who died at 15 in 2007. You can look at his body in Rome, Italy, now 14 years after his death. He looks like he’s just asleep in his jogging suit and rubber shoes!  That is a perfect example of an ongoing sign on earth that the God of Moses, our God, my God, is almighty and all-powerful that He even suspends the natural laws of biology and physics without any effort. He resurrected His one and only beloved son from death on the cross. Indeed, He has power over death.

I have actually thought, “What would the other religions believe if they actually saw the incorruptible body of the blessed Carlo Acutis? I think even Buddha, if he were alive today, would truly believe that Yahweh is the one True God.” No need to think about reincarnation and nirvana because his incorruptible body is available for all to see in Rome, Italy. We won’t need any kind of explanation on the efficacy of modern day mummification. Come on, man, that’s all bull. The truth is in plain sight. Believe your own eyes, that the one true God is all-powerful and His name is Yahweh, “I am who am.” He is the alpha and the omega, the beginning and the end.

Disclaimer: None of the foregoing is considered legal advise for anyone. There is absolutely no attorney client relationship established by reading this article.

“ETERNAL FATHER, WE OFFER YOU THE BODY, BLOOD, SOUL AND DIVINITY OF YOUR DEARLY BELOVED SON, JESUS CHRIST, OUR LORD AND SAVIOR, IN ATONEMENT FOR OUR SINS AND THOSE OF THE WHOLE WORLD, FOR THE SAKE OF HIS MOST SORROWFUL PASSION.”

Lawrence B. Yang is a graduate of Georgetown University with a Master’s Degree in Law and specializes in Bankruptcy, Business, Real Estate and Civil Litigation.  He speaks English, Mandarin and Fujian and has successfully represented thousands of clients in California, including companies overseas.  Please call Angie, Barbara or Jess at (626) 284-1142 for an appointment at 20274 Carrey Road, Walnut, CA 91789 or1000 S. Fremont Ave., Mailstop 58, Building A-10 South Suite 10042, Alhambra, CA 91803.