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.
Your landlord will win the lawsuit by default. Then a writ of restitution will be entered, and you will be forcibly removed from your apartment.
Winning a lawsuit will have no impact on your ability to file for Chapter 7 bankruptcy. If you are a judgment creditor, the judgment might become an asset of the bankruptcy estate and the bankruptcy trust might choose to sell the judgment or enforce the judgment for the benefit of your creditors.. if someone files bankruptcy on as credit card does that a third party has charged on and the debt is cleared dose the third party continue paying for a debt that is no longer there
Unless the likely judgment was exempted, or the claim was abandoned by the trustee, all or part of it has to go to the Chapter 7 trustee, or all of it to the Chapter 13 trustee. Talk to your bankruptcy lawyer or get one.
They win, you lose. They can now garnish your wages for the bill you owe them.
No. Not unless they can prove fraud, legal incapacity or duress in a lawsuit, and win.No. Not unless they can prove fraud, legal incapacity or duress in a lawsuit, and win.No. Not unless they can prove fraud, legal incapacity or duress in a lawsuit, and win.No. Not unless they can prove fraud, legal incapacity or duress in a lawsuit, and win.
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.]
I hope so
You win that play.
All court orders are a result of a lawsuit. Therefore you must bring suit and win your case.All court orders are a result of a lawsuit. Therefore you must bring suit and win your case.All court orders are a result of a lawsuit. Therefore you must bring suit and win your case.All court orders are a result of a lawsuit. Therefore you must bring suit and win your case.
You can redo an island while you wait for another.
You are required to list all assets when filing for bankruptcy in Missouri. This includes property assets as well as monetary assets. You need to include, in the list, the monetary value obtained through a previous lawsuit. The courts require you to report any checking or savings accounts, but you may keep around $2,000. The courts however may consider money placed in an IRA account, pension fund or a children's college exempt. I would recommend that you talk to an experienced bankruptcy attorney to get more details. I recommend the Missouri Bankruptcy Center from missouri-bankruptcy.com. They have good experienced attorneys. Source(s):http://missouri-bankruptcy.com
No, once a bankruptcy is filed an automatic "stay" is in place, and creditors cannot pursue any collection action. Even outside of bankruptcy, a creditor cannot arbitrarily garnish a debtor's bank account. The creditor needs to file and win a lawsuit, be granted a judgment and then enforce the judgment as a bank account garnishment.
By proving that you have been harassed.
AnswerOn the petition (paperwork) that you receive it should tell you how long you have to answer. You must get an attorney as quickly as possible to answer the lawsuit for you or the person/company who filed the lawsuit can win the case by default.
Depending on the circumstances of your lawsuit and the type of lawsuit, there are various options that you may qualify for. Most litigation funding companies offer non-recourse lawsuit loans for a pending or settled lawsuit. A non-recourse lawsuit advance is a loan that only needs to be repaid if you win or settle your lawsuit otherwise nothing is owed to the funding company. To qualify for lawsuit loans no credit or employment is required, so long as you have a lawsuit. Obtaining a lawsuit loan for your lawsuit is as simple as picking up the phone and applying.
You must report the winnigs (if substantial, not if you only win $5) to the Trustee.
well u will not win because u will not learn
settled out of court
zero. Ag assault is a crime. if the defendant loses, he goes to jail.
That there was a "wrong" actually committed.
Yes, you can get money for that. But you have to win a lawsuit and be awarded damages.
Belford lawsuit is currently in progress. But it is most likely that Belford will win the lawsuit against Googasian P.C. since the law firm has a weak case. <><> See the Related Question and Related Links below.