Can a civil suit be filed in bankruptcy? 22 Answers as of July 08, 2014

I have tried to make contact with the law firm who holds the suit against me and has a hold on my license and have made no progress in making a payment arrangement, so would like to know if it is possible to file the civil suit in a bankruptcy.

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Law Offices of Daniel J Winter
Law Offices of Daniel J Winter | Daniel J Winter
It is unclear why you would need a "civil suit", and why they can put a hold on your license. Chapter 13 bankruptcy can sometimes be used to create a payment plan in order to stop collection activities and stop certain freezes. This may or may not be that kind of situation. Call a bankruptcy lawyer now.
Answer Applies to: Illinois
Replied: 7/8/2014
Stephens Gourley & Bywater | David A. Stephens
It is possible, but unusual.
Answer Applies to: Nevada
Replied: 7/8/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, that can be done. However the fact that your license is involved leads me believe this more than a simple judgement. You need to consult with local counsel.
Answer Applies to: California
Replied: 7/4/2014
Rhymer Law Firm
Rhymer Law Firm | William Rhymer
You have not included enough information to be sure what your question is. But if your license has been suspended because of an auto accident and there was no alcohol involved, then you can usually get your license back through a bankruptcy. You need to make an appointment with a bankruptcy attorney to sort out your facts.
Answer Applies to: Georgia
Replied: 7/4/2014
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
I'm confused by this question. There are adversarial lawsuits that can be filed in bankruptcy but I'm confused about what you are trying to accomplish. If this debt is a dischargeable debt and you file for bankruptcy and get a discharge, the debt is discharged so there is no need for payment arrangements. Maybe you are dealing with non-dischargeable debt, like student loans and SOME income taxes. Your best bet is to contact a local bankruptcy attorney to discuss your situation and get advice. If on other hand you don't need and/or want to file for bankruptcy you could retain an attorney to negotiate a settlement on your behalf. With only one creditor, the cost should be low and PERHAPS an attorney can get a better deal for you than you would have gotten on your own. Some attorneys offer both services: bankruptcy and debt settlement.
Answer Applies to: California
Replied: 7/2/2014
    EDWARD P RUSSELL | EDWARD P RUSSELL
    You cannot file an action in bankruptcy court but you can in the District Court. If your driver's license has been suspended because of non-insurance in a motor vehicle accident case a bankruptcy will force the return of your license.
    Answer Applies to: Minnesota
    Replied: 7/2/2014
    Law Office of Peter M. Lively
    Law Office of Peter M. Lively | Peter M. Lively
    Not entirely sure what you are asking. When you file a bankruptcy petition, the automatic stay prevents litigation outside of the bankruptcy court from being commenced or continued without an order for relief from the automatic stay. If you owe a debt from a vehicle accident and your license is suspended due to that matter, the DMV will likely release your license upon receipt of notice of your Chapter 7 filing. However, you should seek advice from a bankruptcy lawyer regarding your specific facts before filing a bankruptcy.
    Answer Applies to: California
    Replied: 7/2/2014
    Kirby G. Moss PC | Kirby G. Moss
    Not sure what your question is but your bankruptcy attorney should be able to get the hold lifted once the bankruptcy filed.
    Answer Applies to: Indiana
    Replied: 7/2/2014
    Hicks, Massey & Gardner, LLP
    Hicks, Massey & Gardner, LLP | Robert M. Gardner, Jr.
    It sounds to me like you were sued by an insurance company related to an accident where you did not have insurance. In those cases, they have the power to suspend your license. Filing bankruptcy could eliminate what is owed to them and restore your license. I am not sure what type of suit you yourself would want to file, and they are not allowed to sue you once you do file. Feel free to re-post your questions or send me an email with specifics.
    Answer Applies to: Georgia
    Replied: 7/2/2014
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Filing bankruptcy will normally resolve the matter, unless there is an allegation of alcohol usage at the time of the accident.
    Answer Applies to: Colorado
    Replied: 7/2/2014
    Ronald K. Nims LLC | Ronald K. Nims
    When in bankruptcy civil suits against you are stayed but not civil suits filed by you (unless there are claims both for and against you), in any case, any party to a civil suit can request that the Bankruptcy Court allow the civil suit to proceed. If the outcome of the suit isn't affected by the bankruptcy, then the Bankruptcy Court will allow it to proceed. From your question, it sounds like you caused an auto accident without insurance. Unless there was drunk driving involved, filing bankruptcy will terminate your liability for the accident and you'll be able to get your license back.
    Answer Applies to: Ohio
    Replied: 7/2/2014
    Law Office of Shirly L. Horn | Shirley L. Horn
    Typically these are discharged in bankruptcy and your license reinstated. Hope that helps.
    Answer Applies to: Michigan
    Replied: 7/2/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You can but you would have to have the proper cause of action, but you can also deal with it through the courts you are in right now.
    Answer Applies to: New York
    Replied: 7/2/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    A civil suit in a bankruptcy case is called an adversary proceeding. If this is your first attempt at doing this, you would be smart to bring in an attorney that has experience in this field, since you can be hit with significant financial penalties if you make a mistake.
    Answer Applies to: Nevada
    Replied: 7/2/2014
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    Yes you can file a civil suit in bankruptcy.
    Answer Applies to: South Carolina
    Replied: 7/2/2014
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    A civil suit to accomplish what?
    Answer Applies to: Michigan
    Replied: 7/2/2014
    Law Office of Melissa Botting | Melissa Botting
    The simple answer to your question regarding if it is possible to file a civil suit in bankruptcy is - maybe. A civil suit in a bankruptcy is called an adversary proceeding. If the suit involves a "core proceeding", i.e. determining the dischargability of an obligation or the value of an asset, etc. the suit will be heard in bankruptcy. If the suit is not a core proceeding, i.e. a fraud action or other state law suit, the bankruptcy court may ask that the state court issue a ruling that the bankruptcy court can rely on. It is also possible that a bankruptcy may not remove a hold from your license. Many agencies will not renew a license as a result of a bankruptcy. You would be best served by reviewing the specifics of your suit with an attorney.
    Answer Applies to: Texas
    Replied: 7/2/2014
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    All suits and debts must be disclosed in a bankruptcy. Whether the debt is discharged by a Chapter 7 would depend on why you are being sued. Suits for death or personal injury or fraud or various other causes may not be discharged. Consult an attorney.
    Answer Applies to: Wisconsin
    Replied: 7/2/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    I don't quite understand your questions. If someone is suing you (or threatening to sue you), the bankruptcy will halt the lawsuit. Once a bankruptcy petition is filed, a suit can be brought against you, but only on a limited basis (based on fraud or other similar grounds for non-dischargeability). You should contact an attorney with specifics.
    Answer Applies to: California
    Replied: 7/2/2014
    Law Offices of Eric W. I. Anglin
    Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
    You may pursue civil claims while in bankruptcy however any money that you receive as a result of any claims that you may have prior to filing bankruptcy would be subject to turnover to the trustee over your bankruptcy estate for the benefit of your creditors.
    Answer Applies to: Indiana
    Replied: 7/2/2014
    Law Office of Barry R. Levine | Barry R. Levine, Esq.
    Yes. The creditor who's filed suit an be (should be) included in your bankruptcy.
    Answer Applies to: Massachusetts
    Replied: 7/2/2014
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Depends what the suit is for. You should consult with an experienced bankruptcy attorney to see if the debt related to the law suit can be discharged.
    Answer Applies to: Florida
    Replied: 7/2/2014
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