Can I sue someone who has not included me as a creditor in bankruptcy proceedings? 10 Answers as of July 31, 2017

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Ronald K. Nims LLC | Ronald K. Nims
Did the bankrupt have assets in their bankruptcy? If not, then you can't sue them. If they had assets, you can sue them but discuss it with a bankruptcy lawyer first.
Answer Applies to: Ohio
Replied: 7/31/2017
Stephens Gourley & Bywater | David A. Stephens
Yes, but be careful. Knowledge of the bankruptcy can be considered notice of the bankruptcy which means the claim cannot be filed.
Answer Applies to: Nevada
Replied: 7/26/2017
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
Not without going into the bankruptcy court for permission. Your outcome will depend on what it is. Most likely you will have to stay within the bankruptcy case. You are obviously aware that they filed for bankruptcy protection.
Answer Applies to: California
Replied: 7/26/2017
A Fresh Start
A Fresh Start | Dorothy G Bunce
You probably could sue them, but it would be a waste of time to do so. Having been omitted from being listed in a bankruptcy does not result in the debt to you continuing to be good. Take a look at the major case on this topic called In Re Beasley to see how the court has ruled on this issue.
Answer Applies to: Nevada
Replied: 7/26/2017
OlsenDaines | Rex Daines
No. A chapter 7 covers all debt whether it is listed or not. If you sue, you will be violating the bankruptcy automatic stay or discharge order. In a chapter 13, if you did not find out about the bankruptcy in time to file a claim, then you can sue that person after the chapter 13 is complete.
Answer Applies to: Oregon
Replied: 7/26/2017
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Maybe.
    Answer Applies to: Colorado
    Replied: 7/26/2017
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Not likely. If you know about the bankruptcy, even if you are not listed as a creditor, you are bound by the 'Automatic Stay' which prohibits nearly all efforts to collect from a debtor in bankruptcy. You can, and probably should, file a Proof of Claim in his bankruptcy case. That will protect your right to any possible dividend from the case. (This is very rare.) Good Luck.
    Answer Applies to: Wisconsin
    Replied: 7/26/2017
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Most likely not but the answer requires more discussion to be complete and more information.
    Answer Applies to: Michigan
    Replied: 7/26/2017
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    If you know about the case you are charged with knowledge of it. An intentionally omitted debt is not discharged. You should consult with local counsel because if it was a mistake that you were omitted your rights could be effected.
    Answer Applies to: California
    Replied: 7/25/2017
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    No. The automatic stay still applies and you would have to get relief from the automatic stay first.
    Answer Applies to: New Jersey
    Replied: 7/25/2017
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