Please don't change submitted or answered questions to new ones...it makes the data base of the answers incorrect. New Qs should be asked as such, or if a follow up, on the discussion page for the original.
As your entering into an area of blaming a lawyer, and hence making him responsible for your loss by his error...a tough and complex road to hoe I'm sure you'll agree...on every level.....one thing for sure, what the outcome would be is anyones guess. Don't be surprised if the attorney has a signed document from you acknowleging he asked, along with many other things, what you say he didn't. At the very least I would think that lawyer should comp you a researched explanation of what the Judge is actually doing in the lawsuit case.
And keep in mind, how much you care about pursuing it is a question, as again...the pre-petition nature of it would mean any award would have gone to your creditors to more fully compensate them for what you owed. And re-opening that...well that, if possible, that sounds pure ugly. You really have nothing to gain.
Yes, if the lawsuit has been filed it should be included - or if you know its going to be filed you should include as a possible debt.
Bankruptcy Means Test and Household Size With a Pending Divorce .
If there is a lawsuit that benefits the estate, the estate will have to be reopened. The creditors can make their claims. The court should not have a problem reopening it in this instance. The creditors can force it as well.
It depends on what the lawsuit is about but most likely no.
The president of a company told the accountants not to include in the annual report any information about a pending lawsuit.
YES!!!!
No, a lis pendens does not stop or prevent foreclosure at all. A lis pendens is a notice that the lender's attorneys may file in the land records to indicate that a particular property is in the process of a pending litigation. Various types of notice are filed in different jurisdictions to indicate a pending foreclosure.The term lis pendens is Latin for "lawsuit pending". The purpose of the notice is to show anyone researching the real estate that there is a pending lawsuit, any lawsuit that affects the property.The only legal mechanism that would prevent foreclosure is filing bankruptcy and this only puts the process on hold while the creditor and debtor are coming to an agreement to negotiate a settlement of the debt.
Since the purpose of a lis pendens is to alert future purchasers and/or mortgagees of a property about a lawsuit affecting the property, it cannot be filed in cases where there is no lawsuit. A lis pendens recorded with no reference to a pending lawsuit has no legal impact on the property and can be ignored.
Speaking from experience, if the discharge of bankruptcy is pending, a credit check may not pass, however, having discharged voluntarily from bankruptcy may have the same result depending on the policy of the employer or financial institution.
In Chapter 13 bankruptcy a pending status means the case is still open for evaluation and no decision has been made. The pending status may last for awhile depending on how involved the case is until it is final.
No. Some things may go into effect, but things are not totally ironed out with creditors.
YEs