If someone is sued in court can they claim bankruptcy? 19 Answers as of June 11, 2013

If someone is sued in court can they claim bankruptcy?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Financial Relief Law Center
Financial Relief Law Center | Mark Alonso
Yes. Be sure the plaintiff is listed as a creditor and receives notice of the filing. Most debts will be discharged through the bankruptcy as long as there is no fraud or intoxicated driving liability involved.
Answer Applies to: California
Replied: 6/28/2011
Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
Yes. Of course, they will still have to fit all the requirements of the specific Chapter of Bankruptcy that they file.
Answer Applies to: California
Replied: 5/17/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Yes.
Answer Applies to: Tennessee
Replied: 6/11/2013
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Upon filing BK, the automatic stay will stop the legal proceeding. No further action may be taken unless relief from stay is granted by the court.
Answer Applies to: Washington
Replied: 4/26/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
A bankruptcy can be filed before, during or any a lawsuit has been filed. In each instance the lawsuit will be discharged in bankruptcy.
Answer Applies to: California
Replied: 4/26/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Yes, in many instances, if a person is sued in a collection lawsuit, that person may seek bankruptcy relief.
    Answer Applies to: Indiana
    Replied: 4/26/2011
    The Law Offices of Alan M. Laskin
    The Law Offices of Alan M. Laskin | Jared B. Gaynor
    For most purposes, a bankruptcy can be filed to discharge debts, even after a lawsuit has been initiated. However, there are a number of types of debts which are not dischargeable in bankruptcy. Go get a free consult with a local BK attorney to determine whether your lawsuit debt is dischargeable or not.
    Answer Applies to: California
    Replied: 4/26/2011
    Rhonda R. Werner Schultz, PL
    Rhonda R. Werner Schultz, PL | Rhonda R. Werner Schultz
    Yes. Depending on the type of lawsuit, it will not stop you from proceeding with a bankruptcy action.
    Answer Applies to: Wisconsin
    Replied: 4/26/2011
    The Law Offices of Benjamin C. Tiller, Esq.
    The Law Offices of Benjamin C. Tiller, Esq. | Benjamin Tiller
    Being sued does not prevent you from being able to file bankruptcy. However, certain judgments are not subject to discharge, such as damages caused by drunk driving and judgments for fraud and embezzlement. Filing bankruptcy will stop the state law action pursuant to 11 U.S.C. 362, and usually ends the litigation.
    Answer Applies to: Montana
    Replied: 4/26/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    Yes; that's the main reason people do claim bankruptcy.
    Answer Applies to: Virginia
    Replied: 4/26/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Yes and the lawsuit will be halted and the debt discharged unless it is for a type of debt that is not dischargeable such as a student loan or there is an allegation of fraud that maybe determined to be in bankruptcy court.
    Answer Applies to: California
    Replied: 4/25/2011
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney