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Can I file bankruptcy and avoid the civil lawsuit

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I have been sued by my creditors. Can I file bankruptcy and avoid the civil lawsuit?

Hi Mark

Welcome to the forums.

You have not mentioned the type of debt discharged in the bankruptcy.

If you file for bankruptcy, a stay order will be put on the civil lawsuit for a certain period of time. If you have a lawsuit on an unsecured debt, filing bankruptcy will stop all the legal actions and after your debt is discharged. But you need to be careful if a judgment has been already been placed on you before your debt is discharged.

If you have a lawsuit regarding secured debt, a stay order will be put for a certain period of time but it is dependent on the type of bankruptcy you have filed. Depending upon this stay, this will only provide you a temporary relief.


Sub: #1 posted on Tue, 11/08/2005 - 16:35

roxette roxette

(Posts: 4009 | Credits: )

am being served to go to court for secured material supplier debt. Can not pay and business is closed. Can i file chpt 7 and get rid of this debt?

Sub: #2 posted on Fri, 11/14/2008 - 10:55



You mean if a judgment has already been filed you can't have it dischaged in bankruptcy, even if it's for a credit card debt?

Sub: #3 posted on Fri, 11/14/2008 - 11:49


roxette specified secured debt,unless your credit cards are secured they should be discharged in BK.

Sub: #4 posted on Fri, 11/14/2008 - 11:53

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

Judgements already filed ARE discharged.

Sub: #5 posted on Fri, 11/14/2008 - 11:53

Moderators Cum Industry Expert
(Posts: 17282 | Credits: )

During an active civil complaint...If after filing a motion for a BANKRUPTCY STAY, and the Chapter 7 is granted, do I need to file anything else with the courts regarding the civil complaint?

Sub: #6 posted on Mon, 01/12/2009 - 18:17


I am being sued by past landlords for stuff I didn't do....they claim I vandalized the ac unit when I called them when it first went out. They wanted me to replace it then and I told them that was not my obligation it was there's.. they were the owners. But my question is if they sue me and win for some odd reason can I file bankrupcty and not have to pay them? I am very upset that they would accuse me of such things and try to make me pay for things I didn't do..I don't think they deserve to get paid either. Will filing bankruptcy help me?

Sub: #7 posted on Mon, 08/23/2010 - 06:45


We are being sued in a land deal from 5 years ago. It concerns a lot the plaintiff bought from us in a subdivision. Approximately 1/4 mile away from the subdivision the town had an easement to use for municipal purposes. This information was our understanding at the time of the sale. Sometime during the process of the sale or shortly after the town decided to change the location of their intended use for this easement and ended up being in the land that was purchased to the back of the lot we sold to the plaintiff. This is an underground waste water treatment facility. We have submitted a ton of evidence that we had no knowledge of this change. Our problem is that even though we have submitted so much evidence and the plaintiff's attorney to date has still not submitted evidence during the discovery period, this attorney still insists that this law suit will continue and wants to continue completely to a jury trial. We would have thought with all the evidence and his failure to offer none, the plaintiffs would have dropped the case by now. We are asking that the plaintiffs pay all attorneys fees on our end but we have not come close to this happening and we are now out of money to continue to fight this law suit. If we continue, and by some chance with all our evidence we are still held responsible in this claim, can we file for some type of bandruptcy? Or if we continue and attorney's fees continue to mount but we are found not responsible and the judge awards that the plaintiffs have to pay our attorneys fees, can they avoid that and file a bankruptcy? Should we just file a bankruptcy now and be released from this suit?

Sub: #8 posted on Thu, 08/26/2010 - 20:03


I am being sued over a relative's estate. If I file backruptcy, will I lose my non qualified varitable annuity? And if so, will the greedy relatives sueing me get any money if we haven't gone to court yet?

Sub: #9 posted on Wed, 09/29/2010 - 23:50


I have been sued by a private party, they were awarded the judegment despite my attempt to defend myself. Since then they have put a lein on my license, can i file bankrupcty, and kill the judegement and then file a petition to get my that lein off my license.

Sub: #10 posted on Tue, 01/11/2011 - 10:22


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