Can I file bankruptcy on a civil lawsuit? 18 Answers as of March 17, 2016

I have a civil law suit against me for doing work on someone's house and I don't have that kind of money was just wondering if I could file bankruptcy on it and also need to let a vehicle go with it but have only had the vehicle for about three months just can't afford it.

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You can file for bankruptcy protection under those facts, assuming you otherwise qualify. See local counsel.
Answer Applies to: California
Replied: 3/17/2016
Ronald K. Nims LLC | Ronald K. Nims
Yes, civil liability for in a dispute over work on a house is dischargeable and you can surrender the vehicle with a discharge of all liability.
Answer Applies to: Ohio
Replied: 3/17/2016
Danville Law Group | Scott Jordan
Yes, you can file bankruptcy. But, the real question is whether you would receive your discharge. The depends on what you are being sued for. You should schedule a consultation with a local bankruptcy attorney to determine whether bankruptcy is an option for you.
Answer Applies to: California
Replied: 3/15/2016
Stittleburg Law Office
Stittleburg Law Office | Bernd Stittleburg
Assuming you qualify, you file bankruptcy on all of your debts and assets. You cannot pick and choose who you can bankruptcy against.
Answer Applies to: Georgia
Replied: 3/15/2016
Law Office of Michael Johnson
Law Office of Michael Johnson | Michael Johnson
Yes as long as there is no claim for fraud. You should consult with an attorney.
Answer Applies to: Florida
Replied: 3/15/2016
    Kenneth A. Parker, P.C.
    Kenneth A. Parker, P.C. | Ken Parker
    You may be able to file bankruptcy. Please contact a bankruptcy attorney to see what your options are.
    Answer Applies to: Georgia
    Replied: 3/15/2016
    Stephens Gourley & Bywater | David A. Stephens
    Yes. a bankruptcy would stop the suit and you could let go of the car too.
    Answer Applies to: Nevada
    Replied: 3/15/2016
    Philip R. Boardman, Attorney at Law
    Philip R. Boardman, Attorney at Law | Phil Boardman
    Yes. You can file against a civil lawsuit as long as there were no criminal or fraud allegations with the debt owed. Also you can surrender a vehicle and wipe out that debt as well in a Bankruptcy.
    Answer Applies to: Virginia
    Replied: 3/15/2016
    Bunch & Brock, Attorneys-at-Law
    Bunch & Brock, Attorneys-at-Law | W. Thomas Bunch II
    Simply put, YES you can file bankruptcy on this kind of claim. Please seek advice from a lawyer to be sure you qualify for the bankruptcy and that the debt is dischargeable.
    Answer Applies to: Kentucky
    Replied: 3/15/2016
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Yes you can file bankruptcy on a civil judgment.
    Answer Applies to: Alabama
    Replied: 3/15/2016
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Most kinds of debts are eligible to be eliminated through bankruptcy, but you would need to provide much more details about the suit to let me say for sure whether this civil suit is one that can be eliminated. Also, just because you want to file bankruptcy does not mean you are ELIGIBLE for bankruptcy...which is why you need to consult a local bankruptcy lawyer in your community.
    Answer Applies to: Nevada
    Replied: 3/15/2016
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    Yes that can be done - time is of the essence if they already started.
    Answer Applies to: New York
    Replied: 3/15/2016
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Yes, civil judgments and suits can be discharged in bankruptcy. You can also surrender the car without consequences.
    Answer Applies to: California
    Replied: 3/15/2016
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Generally you can include the claim in a civil lawsuit in a bankruptcy unless it is based on accusations of fraud or embezzlement by you. Even in that case, the creditor would have to come to court, and start an adversary proceeding (a kind of lawsuit within a bankruptcy case). Or if he has a shrewd lawyer, he can move the Bankruptcy Court to 'abstain' and let the lawsuit proceed to a conclusion. This is rather rare, and very likely the creditor would have to prove that the civil case is based entirely on state law, and is close to completion. Find a skilled bankruptcy lawyer. It's almost always worth the investment. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 3/15/2016
    Garner Law Office
    Garner Law Office | Daniel Garner
    Yes, civil lawsuits are typically dischargeable and you could also surrender the vehicle and get out from under the car loan.
    Answer Applies to: Oregon
    Replied: 3/15/2016
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Yes, you must list all debts when you file bankruptcy. Bankruptcy will stop litigation and allow you to discharge all debt but for taxes, student loans and those types of debts otherwise nondischargeable under the bankruptcy code like fraud or conversion claims. You may surrender the vehicle and discharge the obligation to pay for it.
    Answer Applies to: Nevada
    Replied: 3/15/2016
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    See a bankruptcy attorney, you should understand what you are doing before you make a very serious decision.
    Answer Applies to: Michigan
    Replied: 3/15/2016
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Meet with an experienced bankruptcy lawyer face to face to discuss your situation. It depends on the home owner's claims. You should be alright filing BK on these claims, but more information is necessary.
    Answer Applies to: Colorado
    Replied: 3/15/2016
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