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There are generally 2 types of court actions; Civil and Criminal.
Criminal actions are they types where a jail term may be imposed and are prosecuted by the State.
That is not the situation in Bankruptcy....hence it is civil.
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∙ 16y ago
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Is foreclosure considered a civil court action?
no
Is divorce considered a civil action?
Yes.
Is bankruptcy consider a criminal activity?
No. This is a civil action. Both crimes and civil actions can end up in a courtroom, but the major difference is that crimes can result in prison sentences, whereas a civil action can never result in a prison sentence.
Can filing bankruptcy get a drivers license reinstated?
No....BK is a financial action and will not change any legal or civil thing like that
Can a judge accept a complaint Adversary Action after a bankruptcy has been discharged?
No, a judge cannot accept a complaint for an Adversary Action once a bankruptcy has been discharged. Once a bankruptcy has been discharged, the case is typically considered closed and any further legal actions must be pursued in a separate lawsuit outside of the bankruptcy process.
If you file bankruptcy will it dismiss a civil action against you?
Maybe, it depends upon what the civil suit pertains to, for example personal injury suits are generally not allowed to be included in BK actions.
What is a notice of bankruptcy and stay?
When a bankruptcy is filed, an "automatic stay" takes effect, essentially a prohibition against any collection action by a creditor without the court's permission. This occurs even if the creditor has no immediate notice of the filing. Any collection action taken after the filing must be undone by the creditor.If there is a proceeding in a civil court to collect the debt, the appropriate action for the debtor is to notify the court of the filing, giving the name and address of the bankruptcy court, the date of filing and the docket number of the case in the bankruptcy court. This is often called a "suggestion of bankruptcy" or notice of bankruptcy."
Can you avoid criminal charges by filing bankruptcy?
No. Bankruptcy is a civil act.
Does someone in bankruptcy have to answer a civil lawsuit?
Of course.
You filed bankruptcy the civil court locked your place for levy?
Unless there is a lien on the property, they are required to obtain permission from the Bankruptcy court and get in line. Bankruptcy court has authority over all other civil courts. Contact your bankruptcy lawyer for advisement.
If you are being sued for supplying alcohol to a minor will bankruptcy stop the suit?
No. BK will not discharge any judgment or stop any legal procedure pertaining to criminal charges or conviction. BK is a civil action and is governed by civil laws.
How can you find out if a garnishment has been stopped by filing bankruptcy?
Bankruptcy will not stop a garnishment. You cannot set aside civil judgments by filing bankruptcy.
