Can you be sued if you already applied for bankrutpcy?

Answer 1

No, in general, you may not be sued if you have filed for bankruptcy. For individuals under both Chapter 7 (liquidation) or Chapter 13 (payment plan), the mere filing of the bankruptcy papers puts into effect what is called the "automatic stay" under Title 11 United States Code Section 362.

The automatic stay immediately prohibits all attempts at collecting on debts. It prevents creditors from filing new lawsuits as well as proceeding on ones already pending. It even puts an end to garnishments already in place. Creditors are forbidden to write to, telephone or contact the debtor in any manner to collect a debt while the bankruptcy action is pending unless permitted by the bankruptcy court.

There are some exceptions in 11 USC 362(b) for certain creditors (such as ones filing suit to recover secured or mortgaged property); however even these creditors must first get permission from the bankruptcy court to institute or continue such collection actions.

In practice, notice of the filing is sent to the listed creditors by the bankruptcy court and copies of the bankruptcy filing are given to all the creditors listed in the filing by the debtor or debtor's attorney so that they have actual notice of the automatic stay. Sometimes the debtor or debtor's attorney gives informal notice immediately to a creditor just so the creditor knows right away to stop trying to collect.

The purpose of the automatic stay is to ensure that all collection action with regard to the debtor is coordinated through the bankruptcy court and so that no creditors get more than they are legally entitled to get from the bankrupt's assets.

A person may remain open to collection actions for debts contracted after the bankruptcy filing.

Additional Point:

Of course yiou can be sued for new things or things not addressed in the BK. But to collect a debt that is part of the process, the creditor must follow the process and cannot start a new law suit.