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Will bankruptcy prevent a lawsuit from being filed against you?
Wiki User
∙ 17y ago
Here is advice: * If I were you, I would get an attorneys advice. I do know that after your bankruptcy is discharged and final, if you receive a large amount of money within 6 months after, you must pay it on your debts. Although, Im not sure if this pertains to law suit money. * In most cases, your claim for damages would become part of the bankruptcy in a Chapter 7 and you would not longer have standing to pursue the lawsuit. The trustee has the option of taking over and applying the proceeds to your debt, letting you pursue the lawsuit and simply place a lien on th proceeds or abandoning the asset and letting you keep all of the money. Any claim or potential claim must be disclosed in the documents you file for bankruptcy. The claim is then evaluated by the trustee and either abandoned by the trustee or it becomes part of the bankruptcy estate and is not yours any more. You may be able to exempt all or some of the potential payment from the claim, so be sure to discuss this with you bankruptcy lawyer.
Wiki User
∙ 14y ago
Wiki User
∙ 17y agoIt depends upon the type of lawsuit. If it relates to a creditor filing a suit for debt, the debt could be included in the BK and might or might not be dischargeable. If it relates to a suit for child support, tax arrearages, federally funded student loans, some types of personal injury matters then a bankruptcy would not prevent a lawsuit.
Wiki User
∙ 16y agoIt depends. If the cause of action accrued before filing and you did not list it as an asset, the claim belongs to the c. 7 trustee. In a c. 13, it's more complicated, unless the 13 is over and you have your discharge. If the unsecured creditors received lass than 100%, then the trustee would be interested in the claim. If you deliberately withheld information about the claim in your b ankruptcy documents, you could be liable for federal penalties for perjury. If the cause of action accrued after, no problem, usually.
Wiki User
∙ 11y agoYes, if the lawsuit is based on actions that occured after the bk filing. You can also be sued for pre-petition actions if you had assets and the creditor didnt receive notice of the bk filing. For some criminal activity (drunk driving or intentional torts) damages for such crimes are not dischargeable.
Wiki User
∙ 14y agoYes. Automatic Stay.
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How do you get an old creditor who was not listed on a chapter 13 bankruptcy to stop bothering you?
Send a letter of "cease and desist". This will not keep a creditor from filing lawsuit to recover the debt. It will only prevent them from contacting the debtor except to inform the debtor that a suit is being filed.
Can a lawsuit settlement be taken after bankruptcy discharge?
If the debtor has a lawsuit for damages AGAINST a person, that lawsuit becomes part of the BK and the BK trustee would have the power to settle/go to trial and keep any judgment for distribution to creditors. If the debtor is being sued by ANOTHER person, it would have to be listed in the BK petition, and the cause of action would be discharged (unless it involves debts that are non-dischargeable)
Can you file for chapter 13 after being sued?
If it is for a debt or claim that existed before you filed, it is in violation of the automatic stay. If it is for a claim that arose after filing, you should not be doing things to cause these claims, and it may wreck your c. 13 if you wind up having to pay it.
If you are being sued as a cosigner on a repossessed car for a bankrupt limo co in NJ will this lawsuit follow you if you move to a different state?
It would depend on why they are sueing you and also what the disposition of the bankruptcy is.
Can you still file bankruptcy even though a creditor has started the process of garnishing you?
Yes you can. No matter what stage the lawsuit is in, the act of filing bankruptcy stops all proceedings against you to collect money. Even if you are currently being garnished you can stop it. Generally unless the deduction is for child support, almost everything being garnished from your check is stopped. Even garnishments for student loans and taxes. Will those be discharged? That's a whole other question.
A plaintiff is a person against whom a lawsuit is brought is this true?
No, the plaintiff is the person who is suing, and the defendant is the person who is being sued.
How can a person find out what the laws are in their state regarding wage garnishments taking ones property and being sued?
Statutes that apply to bankruptcy are used in lawsuits and judgment awards. A search of state bankruptcy laws will provide the information. If the state of residency follows federal BK procedures, there is generally a mixture of state and federal statutes concerning lawsuits. In states that have opted out of federal BK, the consumer is also entititled to federal non-bankruptcy exemptions when defending against a creditor lawsuit.
Can a defendant in a civil lawsuit that is being tried as part of a federal bankruptcy proceeding be criminally charged with lying under oath?
Yes. Perjury occurs anytime you're under oath and lie.
Can a civil lawsuit against someone that has filed bankruptcy?
If the defendant/debtor listed the plaintiff as a creditor in his or her bankruptcy, then the plaintiff probably cannot pursue a lawsuit against the defendant/debtor pursuant to 11 U.S.C. 362. If the defendant/debtor failed to list the plaintiff as a creditor in his or her bankruptcy, then the plaintiff may or may not be able to win a lawsuit based on whether the plaintiff had actual knowledge of the bankruptcy during the bankruptcy. In some cases, even if the plaintiff was listed as a creditor, some debts are non-dischargeable in bankruptcy so the plaintiff might still be able to prevail in a lawsuit (such as debts for alimony or child support, most student loans, etc.). It should also be noted that if the defendant/debtor failed to list the plaintiff in his or her bankruptcy, and even if the plaintiff had no idea about the bankruptcy until after it was over, debtors can still usually go back to the Bankruptcy Court and reopen their case and add the plaintiff as a creditor as long as the debt to the plaintiff was incurred prior to the date on which the bankruptcy petition was originally filed. [Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.]
A defendant is a person against whom a lawsuit is brought?
The defendant is the one being sued in the court. It is their job to "defend" themselves against the allegations being brought in front of the court. Plaintiff - Complain Defendant - Defend
How many states have to vote against an amendment to prevent it from being accepted?
13.
Will filing bankruptcy remove you from an existing lawsuit in which monetary gain is being sought?
Perhaps, but if it is a personal injury suit it is not likely. Debts that are dischargeable in bankrupcy are all subject to interpretation of the trustee in accordane with federal or state bankruptcy laws. Likewise, all such decisions by the trustee can be appealed in BK court.
