We are currently involved in a lawsuit against another person. This is what my attorney told me: the defendant can file bankrupcty against the judgement, BUT NOT against punitive damages awarded.
Not really. You could ask the court to dismiss the bankruptcy. You'd have to pay a fee. Considering the amount, it is highly unlikely, that would be granted. There are probably many creditors with much higher claims. One thing people who sue (and get sued) usually don't understand is how difficult it is to collect on a judgment. Over 90% of judgments are "no assets judgments. Meaning the person sued has no way to pay the debt, because the exemptions covered the assets. Therefore the creditor loses their money and court fees spent for the filings.
Probably, assuming they are actually bankrupt. If they are not actually bankrupt, then the automatic stay will delay the small claims court for a while, but the person who filed for bankruptcy is going to end up in even more hot water with the bankruptcy court.
YOU SUE THE ESTATE
yes
What state is it titled in?
There is a subtle difference between debt settlement and bankruptcy. Debt settlement allows a person to pay off some of their debt with their creditors. Bankruptcy claims do not result in payment of the debt. Either practice creates bad credit scores for the consumer.
Not to collect a debt, that must be handled through the BK process. Anything else, yes.
Bankruptcy is when a person or a firm thinks that they are in financial crisis, they go out for filing bankruptcy in related court.
Google "free sites to find out if a person has filed for bankruptcy".
In a Chapter 7 bankruptcy, a person filing for relief is called a
Go to your local courthouse. File a small claims court case against the person. Show up in court and present your case.
Yes. Discrimination against a person for having filed for bankruptcy is prohibited especially for student loan applications.
Bankruptcy is a legal proceeding in which a person can get a fresh financial start. Bankruptcy can be very useful and effective in resolving financial problems in certain cases.