Can someone still sue you after you filed for bankruptcy? 22 Answers as of August 06, 2011

Can someone still sue you after you filed?

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Eric J. Benzer, Attorney at Law
Eric J. Benzer, Attorney at Law | Eric Benzer
Yes
Answer Applies to: Maryland
Replied: 8/6/2011
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
It's not clear from your question what the timing and facts are. If you listed them in the bankruptcy and they have notice, it is a violation of the stay order or a discharge. If your bankruptcy case is closed and you acquire new debt, yes they can sue you.
Answer Applies to: California
Replied: 8/5/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
It depends on two factors: First, whether or not the action complained of happened before or after you filed (if it occurred after then you may still be sued); and second, whether or not you named the party suing you as a creditor in your bankruptcy (if so, then should stop the suit). You can notify the Court of the Bankruptcy and the Court may halt the process.
Answer Applies to: New Hampshire
Replied: 8/5/2011
Law Office of John C. Farrell, Jr.
Law Office of John C. Farrell, Jr. | John C. Farrell, Jr.
Under a Chapter 7 filing protection is given under the automatic stay provision, which generally prevents creditors from collecting debts from you. Under the automatic stay, creditors are not allowed to call you or send you collection letters. They also cant take or continue any legal action against you or repossess your car or other assets.If a garnishment order has been issued the automatic stay stops garnishment of your wages. Notice of the bankruptcy should be sent to any creditor not aware of the filing.
Answer Applies to: Massachusetts
Replied: 8/3/2011
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
If someone had a claim against you that arose prior to your filing and you included that creditors information in your filing then NO they cannot sue.
Answer Applies to: California
Replied: 8/3/2011
    Grasso Law Group
    Grasso Law Group | Charles Grasso, Esq.
    It depends on the type of lawsuit. Generally any collection type lawsuits would be stayed and a claim submitted to bankruptcy estate. You would also want to list any pending claims on your petition to they become part of the bankruptcy.
    Answer Applies to: California
    Replied: 8/3/2011
    Law Office of Asaph Abrams
    Law Office of Asaph Abrams | Asaph Abrams
    Not if the debt was discharged. Certain debts are not dischargeable as a rule. On rare occasion, a creditor might object to the discharge of an otherwise dischargeable debt. This answer (as well as our Web site) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon; it creates no attorney-client relationship; it may be pertinent to CA only; it's independent of other answers. Hire legal counsel before acting or refraining from bankruptcy/legal action F
    Answer Applies to: California
    Replied: 8/3/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    Yes, as long as you have not abandoned the claim in the bankruptcy
    Answer Applies to: Florida
    Replied: 8/3/2011
    Theodore N. Stapleton, PC
    Theodore N. Stapleton, PC | Theodore N. Stapleton
    No the bankruptcy filing imposes an automatic stay of all collection actions including filing a lawsuit. I am happy to discuss your options with you.
    Answer Applies to: Georgia
    Replied: 8/2/2011
    Ray Fisher Law Offices
    Ray Fisher Law Offices | Ray Fisher
    only for a claim that arises after the case is filed. Not for a claim that arises before it is filed.
    Answer Applies to: Texas
    Replied: 8/2/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    In limited circumstances, depending on the nature of the debt and the rights of the creditor, there are some instances in which a creditor could pursue a debt collection after bankruptcy (i.e. student loan, child support, etc.).
    Answer Applies to: Indiana
    Replied: 8/2/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    If it is a debt incurred prior to bankruptcy and the person who is going to sue you is listed as a creditor, then no, the bankruptcy stops the civil lawsuit.
    Answer Applies to: California
    Replied: 8/2/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Filing a bankruptcy creates an automatic stay against starting or continuing a lawsuit. Make sure that the creditor has notice of the filing.
    Answer Applies to: California
    Replied: 8/2/2011
    Koch Laron Law
    Koch Laron Law | Phillip Koch
    If your bk is currently going, they need permission from bk court to proceed with any action. Most likely the debt they are suing on will be discharged in bk so they are wasting their time. I would contact them in writing with BK info. and see what they do. If they continue to attempt collection or sue you, consult with an attorney.
    Answer Applies to: California
    Replied: 8/2/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Depends. Your question is vague. A lawsuit in bankruptcy court happens sometimes for exceptions to bankruptcy. Generally no.
    Answer Applies to: California
    Replied: 8/2/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Nope.... that is why you file. To stop these things from happening.
    Answer Applies to: California
    Replied: 8/2/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Sometimes. Discuss this with your lawyer. Depending on the circumstances, you may get to sue the suing party and get money. Or you may have to defend the case.
    Answer Applies to: Georgia
    Replied: 8/2/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    No. That's part of the protection bankruptcy offers.
    Answer Applies to: Virginia
    Replied: 8/2/2011
    Glen A. Kurtis, P.C.
    Glen A. Kurtis, P.C. | Glen A. Kurtis
    This depends on if the debt was included in the bankruptcy filing.
    Answer Applies to: New York
    Replied: 8/2/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    Technically, yes. You can almost always be sued. The question is if they can sue and win. If you are being sued on a debt that was part of the bankruptcy and already discharged, then you should be able to assert the discharge as a legal defense. It might be the case however, that the debt was not one that could be dischargeable in bankruptcy, or that you forgot to list the debt on the petition (this should only be an issue if you were an asset case- b/c leaving an unsecured debt off of a no-asset case will still render the debt dischargeable). Of course, debts incurred after bankruptcy are also able to be collected upon as well.
    Answer Applies to: California
    Replied: 8/2/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Certainly. Whether it's appropriate or not depends on numerous factors, including what court they sue you in, whether its for a prepetition or postpetition debt, etc.
    Answer Applies to: California
    Replied: 8/2/2011
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