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.
No, the bankruptcy court does not typically search for existing civil suits filed in your name. It is typically your responsibility to disclose any ongoing or pending legal actions to the court as part of your bankruptcy petition.
There are different types of bankruptcy. A bankruptcy attorney can help you determine what type best suits your needs. This government website has a lot of helpful information on the various types, as well as information basics about filing, forms and other resources: http://www.uscourts.gov/FederalCourts/Bankruptcy.aspx
yes
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.]
You have as long as you want...you never have to do it. It is your option. Filing means that the court provides you protection from creditors...so they must stop collection efforts...already filed suits and such will be handled as part of the BK process.
No. Minors (under 18) are not 'legally capable' of filing suits in court.
In legal terms, a filing bar is an instrument used in law to prevent a person or party from filing legal actions or pleadings with a particular court. People who have been abusive of the court system by filing multiple frivolous suits or engaging in contemptuous conduct can be subject to such a bar in certain states and federal courts.
Federal Court
The issue needs to discussed with an attorney who is qualified in bankruptcy litigation. Personal injury lawsuits are halted by the automatic stay when a BK is filed. However, it is not uncommon for personal injury suits and/or judgments to be excluded from a bankruptcy discharge.
In legal terms, a filing bar is an instrument used in law to prevent a person or party from filing legal actions or pleadings with a particular court. People who have been abusive of the court system by filing multiple frivolous suits or engaging in contemptuous conduct can be subject to such a bar in certain states and federal courts.
In the United States, most jurisdictions have a 2 year statute of limitations for filing suits and claims related to an automobile accident.
Finding a good deal on suits for a young boy can be found in a few nice sites on the web. These include Pink Princess, Boys Italian Suits, and Boys Suits Online.