Can you file for chapter 13 after being sued?

Answer 1

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.

Answer 2

Yes you can file for chapter 13 bankruptcy after being sued. NO the liability and payments that attach if the other party is successful in the suit will NOT be discharged or reduced based on the fact that you have filed for bankruptcy.

You will owe that individual the full amount (if they prevail) and it will stay with you throughout the bankruptcy proceeding and beyond.

The above got it' hands crossed:

ONLY items (debts and assets) that exist BEFORE (pre-petition) the filing of a bankruptcy ARE involved and protected by the bankruptcy. Those after the filing (POST petition) obviously are new and not excusable.

There are some circumstances that may prevent a pre-petition item from being included: Type of debt (say child support), or if it was taken in "anticipation" of filing bankruptcy or too soon before so it looks that way.)

Answer 3

If you have a lawsuit, you must disclose it as an asset in your bankruptcy. If you don't list your lawsuit in your bankruptcy papers, you can get in trouble for hiding assets. In addition, the court may decide that you are prohibited from pursuing the lawsuit.