Can I add my lawsuit to my bankruptcy? 36 Answers as of June 10, 2013

I would like to know if i am being sued, can I add that to my bankruptcy?

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Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
So long as the lawsuit relates to something that happened before you filed the bankruptcy, it is proper to add the lawsuit to your bankruptcy schedules.
Answer Applies to: California
Replied: 7/15/2011
Robert Peters, P.A.
Robert Peters, P.A. | Robert L. Peters
You may be able to add your lawsuit to your bankruptcy if someone is seeking a money judgement against you. A lawsuit against you seeking money damages would generally be dischargable in bankrucpty as unsecured debt.
Answer Applies to: Florida
Replied: 7/15/2011
The Law Offices of Alan M. Laskin
The Law Offices of Alan M. Laskin | Jared B. Gaynor
As a general rule, yes. Talk to your attorney about it.
Answer Applies to: California
Replied: 7/14/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
You need to schedule lawsuits that have are pending or resolved within a year of your BK filing
Answer Applies to: Washington
Replied: 7/14/2011
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
Yes, absolutely the bankrutpcy filing will take care or the lawsuit.
Answer Applies to: California
Replied: 7/13/2011
    Hines Law Offices
    Hines Law Offices | Holly H. Hines
    Yes, you must list all lawsuits that you are a party to within one year of your bankruptcy filing.
    Answer Applies to: Massachusetts
    Replied: 7/13/2011
    Benson Law Firm
    Benson Law Firm | David Benson
    All obligations must be disclosed in your bankruptcy schedules and any collections suits are to be suspended as soon as your bankruptcy case is filed. Your attorney should submit a Suggestion of Bankruptcy to all courts in which proceedings are pending at the time of filing.
    Answer Applies to: Ohio
    Replied: 7/13/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    It depends, but most of the time, a collections law suit or civil law suit can be included in the bankruptcy. Lawsuits involving fraud or DWI/ DUI cannot be discharged in a bankruptcy.
    Answer Applies to: California
    Replied: 7/13/2011
    Tucker Legal Clinic
    Tucker Legal Clinic | Samuel Tucker
    As always, this a question of timing. If the lawsuit is based on a claim that arose prior to the date you filed your bankruptcy case, yes, you can add the lawsuit. If the lawsuit is based on a claim that was created after the filing of your bankruptcy you will need to consult your attorney as to the option of dismissing the current filing and refiling with the new claim included.
    Answer Applies to: Mississippi
    Replied: 7/13/2011
    Koch Laron Law
    Koch Laron Law | Phillip Koch
    Not only can you, but you are obligated to do so. Depending on the nature of the lawsuit, you may or may not be relieved of any debt involved. I strongly suggest you consult with a Bankruptcy Attorney regarding this lawsuit. My firm is available for a free consultation.
    Answer Applies to: California
    Replied: 7/13/2011
    The Port Law Firm
    The Port Law Firm | Edward Port
    If your lawsuit is for a debt that arose prior to your filing bankruptcy and is a dischargeable debt, it can be included in your bankruptcy. To answer the question in more detail I would need to know what the lawsuit involved.
    Answer Applies to: Florida
    Replied: 7/19/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    If it is a collections lawsuit, it can be added and discharged through bankruptcy relief.
    Answer Applies to: Indiana
    Replied: 7/13/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    If you have failed to list a debt on a bankruptcy you can ordinarily amend your schedules to include it. There is a filing fee of about $26 to do this.
    Answer Applies to: California
    Replied: 7/12/2011
    The Law Office of Marvin Wolf
    The Law Office of Marvin Wolf | Marvin Wolf
    You must list all assets and all liabilities on your petition. The petition and schedules ask about lawsuits in several places. The answer is not "you can" but 'you MUST".
    Answer Applies to: New Jersey
    Replied: 7/12/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    Yes, filing bankruptcy will stop any lawsuit for credit card debt as long as there was no fraudulent activity involved.
    Answer Applies to: Washington
    Replied: 7/12/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You can add any omitted prepetiton debt so as you don't have a discharge already.
    Answer Applies to: California
    Replied: 7/12/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    If the debt that caused you to be sued is dischargeable in bankruptcy, such as a credit card, medical bill or repossessed car deficiency, then the lawsuit will be stopped and the debt discharged and the lawsuit will die. There are some debts that are not dischargeable so that the creditor can ask the court to allow the lawsuit to continue or can sue you in bankruptcy to have the Court determine that the debt is not dischargeable. Most debts are dischargeable but debts for child support and student loans (with rare exceptions) are not so it depends on the debt for which you are being sued.
    Answer Applies to: California
    Replied: 7/12/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    You can and should.
    Answer Applies to: California
    Replied: 7/12/2011
    Scott Leslie Taylor Attorney at Law
    Scott Leslie Taylor Attorney at Law | Scott Leslie Taylor
    All your debts plus any lawsuit you have been ivolved in must be disclosed in your bankrupty. Whether or not the debt will survive the bankruptcy is another matter.
    Answer Applies to: Washington
    Replied: 7/12/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Yes, unless it's for fraud.
    Answer Applies to: Virginia
    Replied: 7/12/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    It sounds like you do not have a lawyer. That is a train wreck waiting to happen. Get a lawyer NOW. If you filed a case and omitted something as important as a lawsuit you have two problems. It means you committed perjury and can go to jail. And it means the debt may not be discharged. It MAY be a fixable mistake by amendment. If the suit happened after you filed you need your lawyer. If it is for something in your case, you may be able to sue the creditor for contempt and get damages, and get the case dismissed. If it is for something after the case, you still need your lawyer but may not be able to add it. So quit digging a deeper and deeper hole, and hurry and get counsel to fix your mistakes.
    Answer Applies to: Georgia
    Replied: 7/12/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Yes
    Answer Applies to: California
    Replied: 7/12/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Yes you can and the bankruptcy will stop (stay) the state lawsuits.
    Answer Applies to: California
    Replied: 7/12/2011
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