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We were being sued by our neighbors. Forced to claim chapter 7 bankruptcy. They are now telling people that they can still sue because it???s only on a stay. Is this true? There is no judgement and it???s a personal injury case where they claim damages from my husband filing for a protection order against them to keep them from harassing us.

these people are not only bad,but stupid as well.let's suppose they took you to court prior to you filing BK.the stay would negate the would also negate pending lawsuits, again these neighbors are not only bad,but stupid as well.

Sub: #1 posted on Wed, 06/08/2011 - 15:18

paulmergel paulmergel
Moderators Cum Industry Expert
(Posts: 15514 | Credits: )

They are pretty much stupid.

I still cannot believe that they tried to sue us claiming that we destroyed their name and caused them major personal damage because we tried to protect ourselves. They have made so much trouble for us and it all began over something that had been decided upon and they changed their minds after it was started! Alcoholics.:-(

Oh well. Thanks!

Sub: #2 posted on Wed, 06/08/2011 - 16:40


While they cannot continue with the current suit at this time, they have thee choices.

1. File a complaint in the bk court asking the bk court to determine that any claim they have against you is non-dischargeable. Then litigate the issues in the bk court. This complaint must be filed within 60 days of your 341 meeting. However, if the complaint is not timely filed any claim they have will be discharged.

2. File the above mentioned complaint timely and then ask the bk court to lift the stay so that they may proceed in state court for a determination of liability and damages. If they are successful then they would bring that determination back to the bk court to have the judge "rubberstamp" it and hold the claim non-dischargeable. This avenue is not frequently used. Typically it is used if the litigation in the state court has progressed to a point where it makes more economic sense to let it continue to its final outcome. Again, remember, if the complaint to determine dischargeability is not filed within 60 days after your 341 meeting, the creditor's claim will be discharged.

3. Do nothing thus allowing you to peacefully get a discharge.


Sub: #3 posted on Wed, 06/08/2011 - 19:24

despritfreya despritfreya

(Posts: 175 | Credits: )

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