Can a civil lawsuit against someone that has filed bankruptcy?

Answer 1

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.]

Answer 2

I assume that the debt or cause of action against the debtor already existed at the time the debtor filed for bankruptcy relief. The filing of an order for bankruptcy stops most other pending lawsuits against the debtor dead in their tracks until the bankruptcy case has been finally resolved.

Can you sue them for filing bankruptcy, or for receiving bankruptcy protection, causing you to receive less, or nothing? No. They are legally entitled to file for bankruptcy protection if they qualify. Debts discharged by bankruptcy courts are wiped out forever by law.

However, if a debt was voluntarily reaffirmed by the debtor after being discharged in bankruptcy, and proper payment was not continued according to the new agreement between the debtor and creditor, the creditor can sue on the new terms of the debt as reaffirmed.

But any dischargeable debt that was listed on the debtor's petition for bankruptcy cannot be touched unless the interested party meets them in court the day of the hearing, and files an objection with some kind of grounds showing that discharge of the debt would be unfair (for example, the debtor had defrauded the creditor). Even then, the judge's decision is final.

And certain types of debts are never discharged, even if the debtor has gotten bankruptcy relief for his other debts. Student loans and taxes are two examples of debts that will not be discharged in bankruptcy. The debtor remains fully liable for such debts.

Answer 3

Yes, filing for bankruptcy does not protect you against law suits . It protects you on the payment part. Any way, after every body learns that you filed for bankruptcy, they won't lose their time - and money - to sue you, because they know you are unable to pay .

Answer 4

The general answer to this question is no. Unless, the person for filing bankruptcy has not completely paid the bankruptcy fees to their attorney. However, the attorney can usually keep garnishments from happening in that lawsuit if you can prove that you are filing for banruptcy.

Answer 5

No. There are a few exceptions to discharge, so you would have to ask a bankruptcy attorney regarding your specific facts, but probably not in a small claims case that was settled.

Answer 6

Yes, of course. In fact, if you have a right to something, you may well berequired to do so.

Answer 7

Yes

Answer 8

no