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The answer to this question depends on a number of important factors, including when the claim arose, what type of bankruptcy has been filed and whether the type of claim is exempt under state law. In a Chapter 7 bankruptcy, the court appoints a trustee who is responsible for collecting and selling all of your nonexempt assets for the benefit of your creditors. The lawsuit or potential claim must be disclosed in your bankruptcy papers like any other asset. The trustee might have a claim or lien on the proceeds from the lawsuit. If the claim arose after you filed for Chapter 7, then the trustee has no interest in the lawsuit. In a Chapter 13 bankrupty, you generally keep all of your property while you make payments. In order to keep all of your property, you must pledge to pay all of your excess income over a period of 3-5 years for the benefit of creditors. The lawsuit MIGHT be income that needs to go into the Chapter 13 plan.
What else can I help you with?
Can you be sued while in a chap 13?
Yes, you can be sued while in Chapter 13 bankruptcy. However, the automatic stay that is triggered when you file for bankruptcy generally prevents most creditors from pursuing legal action against you for debts included in the bankruptcy. If a creditor attempts to sue you during this time, you can inform the court of your bankruptcy status, which may stop the lawsuit. It's important to consult with your bankruptcy attorney for specific guidance related to your situation.
Can you file bankruptcy if you were already sued?
Sure. Common.
Can you be sued for a car accident after you have filed for bankruptcy?
Yes, the accident and bankruptcy are two different issues.
If someone is being sued for back rent and breaking their lease can they still file for bankruptcy?
Anybody can file for bankruptcy.
Could A company in chapter 11 bankruptcy be sued for discrimination?
Sure
Can you still go through bankruptcy ch 7 if you were sued?
Yes
Can you be sued after your house is repossessed?
In general, yes, if you haven't files bankruptcy.
If I was to get to accident and someone else's car and I was being sued and I do a bankruptcy who will be liable?
Bankruptcy is altogether different than criminal settlements
Can you be sued in small claims if you are poverty level?
Absolutely; anybody can be sued. If the court orders you to make a payment which you are unable to pay, you can declare bankruptcy.
How can you get a judgment off your credit report after filing bankruptcy?
If the debt that you were sued over, or the judgment itself was included in your bankruptcy, you only need send a copy of your bankruptcy papers to the credit reporting agencies. The judgment will not "come off", but it should get marked "included in bankruptcy" or "discharged through bankruptcy".
What is the best way to get rid of your assets and file for bankruptcy if you are being sued?
Don't do that. It's called fraud.
What companies will underwrite homeowners insurance while under bankruptcy?
What company will insure you when in chapter 13 if you home is not covered in the bankruptcy. If you have current insurance and the company is going out of business.
