Can I add my lawsuit to my bankruptcy? 34 Answers as of July 19, 2011

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.

You should add all debts, which includes lawsuits, to your Bankruptcy Petition.

If you are involved in a lawsuit you have to disclose it on the Statement of Financial Affairs. Whether or not you can discharge it, depends on many different things. You need to contact a knowledgeable bankruptcy attorney to see if and how you should proceed.

If you're asking whether you will be able to discharge a possible debt you owe from a lawsuit, the answer depends on what the basis of the suit is and whether they ultimately challenge your discharge. For example, if the debt was incurred through fraud, that would be non-dischargeable.

Yes, in fact you are required to list all debt incurred before filing; the question is whether the debt is dischargeable ; this is a more complex question; see a local bk atty. to analyze the issue

In most cases you can, but you should discuss the issue with your bankruptcy lawyer.

If it is a collections lawsuit, it can be added and discharged through bankruptcy relief.

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.

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".

You can add any omitted prepetiton debt so as you don't have a discharge already.

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.

Yes, filing bankruptcy will stop any lawsuit for credit card debt as long as there was no fraudulent activity involved.

You can and should.

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.

Yes

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.

Yes, unless it's for fraud.

You certainly can add a lawsuit and the filing of the bankruptcy should stop the lawsuit in its tracks.

Yes you can and the bankruptcy will stop (stay) the state lawsuits.

Yes you can add it as a creditor and list it as a pending lawsuit.

That depends on when the claim arose if it was pre bankruptcy it should already be included. This is something you should talk to your bankruptcy lawyer about.

Yes. If you have alreay filed, it requires an amendment.