anyone can sue another person at any time in there life no matter how they stand finacally in their past.
No, lawsuits do not prevent a person from filing bankruptcy. The lawsuit will be stopped when the BK is filed and the debt or judgment can possibly be included in the filing. It is at the discretion of the trustee as to whether a BK or any portion of it is allowable according to bankruptcy law. The BK petitioner has the option of appealing any trustee ruling with which they disagree.
Yes you can file for chapter 13 bankruptcy after being sued. NO the liability and payments that attach if the other party is successful in the suit will NOT be discharged or reduced based on the fact that you have filed for bankruptcy. You will owe that individual the full amount (if they prevail) and it will stay with you throughout the bankruptcy proceeding and beyond. The above got it' hands crossed: ONLY items (debts and assets) that exist BEFORE (pre-petition) the filing of a bankruptcy ARE involved and protected by the bankruptcy. Those after the filing (POST petition) obviously are new and not excusable. There are some circumstances that may prevent a pre-petition item from being included: Type of debt (say child support), or if it was taken in "anticipation" of filing bankruptcy or too soon before so it looks that way.)
If both persons were sued and a judgment awarded but only the husband filed bankruptcy and included the debt; the judgment can still be executed against any non-exempt property belonging to the wife and perhaps jointly owned property as well. The legal presumption is that the debt is still owed because it was jointly incurred.
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