Can I discharge the lawsuit against me if I apply for bankruptcy? 7 Answers as of October 27, 2010

They sued and have to pay a large sum of money that I do not have. If I apply for Chapter 7 bankruptcy, will I still have to pay?

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The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
That depends on what the basis of the lawsuit and underlying debt was. For example, if it was for fraud, then that creditor can seek to have the debt declared non-dischargeable. Otherwise, most debts are dischargeable in Chapter 7.
Answer Applies to: California
Replied: 10/27/2010
Ariano & Reppucci
Ariano & Reppucci | Chris Ariano
Yes, most civil lawsuits are dischargeable in bankruptcy.
Answer Applies to: Arizona
Replied: 10/27/2010
Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
It depends on the nature of the lawsuit. Consult with a bankruptcy attorney to be sure. Most attorneys offer a free consultation by phone.
Answer Applies to: California
Replied: 10/27/2010
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
Depends on what the nature of the suit. Some debts are not dischargeable.
Answer Applies to: California
Replied: 10/26/2010
West Themis Law, A Professional Law Corporation
West Themis Law, A Professional Law Corporation | Sally S. Chan, Esq.
It will depend on the nature of the lawsuit. Most money claims are dischargeable.
Answer Applies to: California
Replied: 10/26/2010
    Sussman & Associates
    Sussman & Associates | Mitchell Sussman
    Probably, but only a review of the case by an experienced BK attorney will put your mind to rest.
    Answer Applies to: California
    Replied: 10/26/2010
    Law Offices of Geoffrey Nwosu
    Law Offices of Geoffrey Nwosu | Geoffrey Nwosu
    Sure. You can stop a pending lawsuit by filing chapter 7 bankruptcy. You can also discharge the judgment through filing Chapter 7 bankruptcy. However, it depends on your particular financial situation and the creditor involved. It may be a little difficult if the entity suing you is either the IRS or a student loan creditor. It will not cost you any money to consult with most bankruptcy lawyers in your area. You can find us at www.injurylawyerssanjose.com
    Answer Applies to: California
    Replied: 10/26/2010
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