yes but it is expensive
If you have been filed for a fake bankruptcy, then you can sue the claming party.
Get a lawyer
(A): "Can you sue the repo man if he takes your truck after you filed bankruptcy?" (B): The answer is "No". The truck is the property of the dealer, or finance company, until your final payment to them is made, and the receiver in bankruptcy may not seize property of which title belongs to a second party (dealer or finance company). Chris
Yes. I filed for that reason alone. I signed a lease for a business. I was told I had to sign a personal guarantee. I had to file a personal BK because of it. When I left the lease they tried to sue the business....but the business had nothing, so they came after me because I signed a personal guarantee. I filed a Bankruptcy and it was discharged.
If the debtor included your debt/cause of action in his BK petition, then the answer is that you can NEVER sue because said debt/cause of action was discharged in the BK.
I don't believe anybody can sue if you are under bankruptcy.
They WILL sue you as long as they have the legal right to do so. Bankruptcy may be your only option.
No, that's the point of filing bankruptcy. Suing him would be in violation ofthe permanent stay against creditors including you. He can have the bankruptcy court stop the suit and allow him attorney's fees and even damages.If you had grounds for objecting to dscharge, you should have filed an objection with the court.
Yes you can very well sue her.
Not likely. They can come to collect if you have a balance but sue you why?
Some states have rigid laws about how a landlord is to handle a security deposit. In Massachusetts, for instance, he has to put it in a special account, protected from his creditors. Find out what the local law is, and if he has violated the law, you can sue him for return of the deposit, although that may not help you at the Bankruptcy Court. If he has not mishandled it, and you are still there, he has no obligation to pay it back to you, and his bankruptcy has nothing to do with you.
There is nothing procedurally that prohibits the filing of a suit against someone who has delared bankruptcy. The bankruptcy trustee will put that landlord on a waiting list with other creditors. Of course, the practical upshot is that the bankruptcy court may find that the debtor is unable to pay any debt - then, the LL is wasting time.