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.
Very possibly.
Filing for bankruptcy can potentially halt or discharge existing lawsuits related to debts. Once bankruptcy is filed, an automatic stay goes into effect, which temporarily stops creditors from pursuing legal actions. However, the outcome depends on the specific circumstances of the lawsuit and the type of bankruptcy filed.
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
The filing of the Complaint begins the lawsuit. Filing an Answer makes it a contested lawsuit.
if you want it to
For filing bankruptcy? No. Filing for bankruptcy is not illegal and your right to do so cannot be waived by contract.For fraud? Yes, but the fraud would have to be proven.For the money you owe? Possibly, but pointless, since they are already a creditor and a successful lawsuit will only make them a creditor, which they were to begin with. It wouldn't even raise their standings in the priority of repayment from the bankruptcy discharge.
The creditor can legally pursue collection of the debt owed from the non-filing spouse by whatever means they deem necessary, including filing a lawsuit.
Of course! Your lawyer must know all the actions to be taken. You must consult to your lawyer first before in whatever you do.
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.
If your partner files for bankruptcy and you don't then the bankruptcy will not appear on your credit report. But you will be partly responsible for before bankruptcy filing. Generally filing bankruptcy will affect the credit rating of the individual who filed it.
Filing bankruptcy has no affiliation with religion. If filing bankruptcy is he best financial options available, then you should do it.
If you are filing for personal bankruptcy it is not necessary to have a lawyer. If you are filing for business bankruptcy, you must retain a lawyer on your behalf.