Notify your attorney. If its a reasonable amount of money, get an attorney if you don't have one. Sometimes they can get you some wiggle room. If you don't want an attorney, contact your Trustee, who will most likely demand the (or most of the) money. Do not just ignore it. You can get hit with fraud under Federal Law. It is virtually always your absolute obligation under the terms of your bankruptcy, and the promises you made to the court and judge, to report it to the trustee one way or another. (It probably should have been on your schedules as an at least possible asset).
The allegation of fraud in a complaint in a lawsuit does not prevent the discharge of the underlying claim. The creditor would have to object to discharge in the bankruptcy court on the grounds of fraud and prove to the court's satisfaction that there was fraud of the kind that bars discharge
If it's a small-claims case, answer that the debt was discharged in bankruptcy and attach a copy of the discharge order. Otherwise, contact an attorney to either provide a similar answer *or* take the creditor to Federal court for violating the discharge.
If you have pleaded no content to a negligent homicide and have been convicted and the family of the deceased files a civil lawsuit against you in Montana where the accident took place, can you file bankruptcy?
Contact your attorney. Depending on the situation, he/she may add it to the bankruptcy (it may be easier to discharge it than fight it), object to the claim, or file an "adversary proceeding" (a lawsuit within the bankruptcy case) to bring it before a judge.
The safest option is to contact the bankruptcy trustee for guidance. Generally monies received as a personal injury award are exempt. However, the determination of the status of such, is made by the bankruptcy court.
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.
Of course.
Yes. Whether it will discharge the award isn't certain...and of course EVERYTHING YOU OWN AND EVERYTHING YOU OWE...no picking and chosing...is included in the BK.
no
bankruptcy - chapter 11
The only option for stopping a lawsuit and/or obtaining relief of judgments is filing bankruptcy. Otherwise, once a creditor has filed a lawsuit against you and you receive notice of the hearing, or recovered a judgment against you, you cannot stop the process.
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