Skip to main content
index page

Can I file bankruptcy and avoid the civil lawsuit

Submitted by on Tue, 11/08/2005 - 16:26
Posts: 202330
Credits:
[Donate]

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.

Regards
Roxette


Submitted by roxette on Tue, 11/08/2005 - 16:35

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?


Submitted by on Fri, 11/14/2008 - 10:55

( Posts: 202330 | Credits: )


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


Submitted by paulmergel on Fri, 11/14/2008 - 11:53

paulmergel

( Posts: 15514 | Credits: )


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?


Submitted by on Mon, 08/23/2010 - 06:45

( Posts: 202330 | Credits: )


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?


Submitted by on Thu, 08/26/2010 - 20:03

( Posts: 202330 | Credits: )


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.


Submitted by on Tue, 01/11/2011 - 10:22

( Posts: 202330 | Credits: )


I have just had a civil lawsuit brought to my attention. Due to serious delinquent CC. Can I file for bankruptcy to avoid the whole mess of a lawsuit? Unemployment doesn't pay enough to pay daily expenses and CC. Please help what do I do?


Submitted by on Sun, 01/23/2011 - 23:20

( Posts: 202330 | Credits: )


I am involved in a civil suit from a bar fight which i pled NC and was found guilty and given probation. The guy is now suing me and the bar together on the same ticket for 150,000 each but looking for some kind of settlement. In the criminal case the restitution stuck to me was 18k for his medical bills which i am paying. I am considering filing bankruptcy because i cannot pay this guy plus he deserves nothing....this case was a joke, it happened in kansas and only in kansas would something like this happen. The guy started the fight and because there were zero witnesses and he ended up losing with a broken nose i'm the one getting stuck. I've already racked up 12k in legal fees on the criminal and civil case combined and the civil just begun. Can i just file bankruptcy and be done with this?


Submitted by on Wed, 02/09/2011 - 14:33

( Posts: 202330 | Credits: )


Bill 1,

You can certainly file a bk but you will not get rid of the debt.

If you file a Chapter 7 or Chapter 11 the other party will simply file a 523(a)(6) Complaint for non-dischargeability based upon willful and malicious injury. Such a Complaint must be filed within a specific time limit. If he fails to file it timely you will be done with him but don't hold your breath.

If you file a Chapter 13 the other party will file a Complaint under 1328(a)(4) to have a claim for restitution or damages awarded in a civil action, resulting from willful or malicious conduct that caused personal injury held non dischargeable. There is no time limit for the filing of this type of Complaint in a Chapter 13.

Des.


Submitted by despritfreya on Wed, 02/09/2011 - 15:27

despritfreya

( Posts: 175 | Credits: )


Not true:

"Is it possible to lose the protection of the automatic stay?
It is possible but unlikely, and unless the debtor is guilty of fraud, the consequences tend to be minimal."

"http://www.njlawnet.com/njlawreview/bankruptcy-faq.html"


Submitted by on Thu, 02/24/2011 - 14:20

( Posts: 202330 | Credits: )


i file a civil suit 2008 and it has not been settle yet it`s 2012 and the business file bankruptcy in 2012 ? can i still get a award from courts .:eek:


Submitted by on Sat, 10/13/2012 - 12:45

( Posts: 202330 | Credits: )


Quote:

I file a civil suit 2008 and it has not been settle yet it`s 2012 and the business file bankruptcy in 2012 ? can I still get a award from courts


Not enough information:

1. Is the business a sole proprietorship, corporation or LLC?

2. What Chapter bk did it file?

3. What was the nature of the suit - breach of contract, fraud, misrepresentation - and, if the business was not a sole proprietorship, did you also sue the individual who was its principal?

Des.


Submitted by despritfreya on Sun, 10/14/2012 - 06:37

despritfreya

( Posts: 175 | Credits: )


Wayne,

Yes, they can file bk which would stop any state court civil litigation.

If they do it will be up to you to timely file a complaint under 11 USC 523(a)(6) and (a)(9) if they file a Chapter 7 or 11. If they file a Chapter 13 the Code provision would be 11 USC 1328(a)(2) and/or (a)(4).

Des.


Submitted by despritfreya on Wed, 01/30/2013 - 03:55

despritfreya

( Posts: 175 | Credits: )


We were hit by a drunk driver and have 1.5 million in hospital debt and pain and suffering. They were convicted of a felony and sent to jail. Can they file any kind of lawsuit that stops collection of medical bills


Submitted by on Tue, 01/29/2013 - 15:24

( Posts: 202330 | Credits: )