What can I do if my creditors are suing me? 21 Answers as of April 20, 2015

I just received notice that my creditors are beginning a lawsuit against me. Can I use bankruptcy to stop this from happening? What about my other creditors? Will they still be able to sue me if I file?

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Law Office of Marlin Branstetter
Law Office of Marlin Branstetter | Marlin Branstetter
Creditors must discontinue any lawsuit that has been filed once you file bankruptcy unless they receive permission from the court to continue the lawsuit. Any other creditor is prohibited from filing a lawsuit unless the bankruptcy gives them permission
Answer Applies to: California
Replied: 4/16/2015
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
Generally speaking, yes filing bankruptcy stops the lawsuit and should prevent others from being filed because when you file a bankruptcy case, automatic stay goes into effect which in plain English means all collection efforts (lawsuits, bank levy, garnishments, etc) are by court order supposed to stop immediately. In your bankruptcy petition you will list all of your creditors and all the debts you currently owe. Assuming your case is successful and you get a discharge and assuming that all the debts you are speaking about are of the type that are dischargeable then any creditors holding such discharged debts will be forever barred from attempting to collect. That's basically what a discharge means, it doesn't mean the debt disappears, but it does mean that it is illegal till end of time to try and collect on it.
Answer Applies to: California
Replied: 4/15/2015
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Filing BK should stop all lawsuits. Speak with an experienced BK lawyer.
Answer Applies to: Colorado
Replied: 4/15/2015
Patrick W. Currin, Attorney at Law | Patrick Currin
The automatic stay will prevent the lawsuit from progressing and the BK discharge will erase the underlying debt and all other unsecured debt with a few exceptions.
Answer Applies to: California
Replied: 4/15/2015
EDWARD P RUSSELL | EDWARD P RUSSELL
The filing of bankruptcy provides an automatic stay preventing any creditors from any collection actions of any nature. Any pending law suits must cease immediately and any existing judgments are rendered void. The discharge order of the court will discharge all dischargeable debts.
Answer Applies to: Minnesota
Replied: 4/15/2015
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Filing for bankruptcy will protect you from collection lawsuits and judgments. Schedule a consultation with an experienced lawyer to learn more about the process and how it could help.
    Answer Applies to: Colorado
    Replied: 4/15/2015
    Stephens Gourley & Bywater | David A. Stephens
    Bankruptcy will stop the suit and prevent others from suing if they get notice of the bankruptcy filing.
    Answer Applies to: Nevada
    Replied: 4/15/2015
    Cohen & Kendziorra, P.A.
    Cohen & Kendziorra, P.A. | Robert S. Cohen
    You can negotiate a settlement with your creditors or you can file bankruptcy to stop the lawsuit and include all your creditors that you owe money. Once you file bankruptcy all collection efforts including pending lawsuits must stop immediately. Bankruptcy is an effective tool to discharge your debts and get a fresh start. Best of luck.
    Answer Applies to: Florida
    Replied: 4/15/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    While bankruptcy will halt most kinds of lawsuits. Of course, a lawsuit for something related to a criminal matter, for child support, alimony or student loans will only be delayed, not permanently ended. Bankruptcy law requires you to include all of your creditors, so it would be useful for you to meet with an attorney if your debt is overwhelming.
    Answer Applies to: Nevada
    Replied: 4/15/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If you file all your creditor debts will be discharged and can NOT sue you any longer.
    Answer Applies to: New York
    Replied: 4/15/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    The good news is that filing bankruptcy stops all of your creditors dead in their tracks. Go see a local lawyer. You may find one at nacba.org.
    Answer Applies to: California
    Replied: 4/15/2015
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Depends on the type of creditors. But a Bankruptcy may allow you to dispose of debt or greatly reduce it. You should consult with a local bankruptcy attorney in your area.
    Answer Applies to: Florida
    Replied: 4/15/2015
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    File bankruptcy and that will stop the creditors from suing you.
    Answer Applies to: Michigan
    Replied: 4/15/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Finally a petition in bankruptcy court creates an automatic stay in other words a suspension of almost all efforts to collect from you. So you could stop the lawsuit in its tracks, and also prevent other creditors from being able to sue you.
    Answer Applies to: Wisconsin
    Replied: 4/15/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    See an attorney now. You are being sued and contemplating bankruptcy, both require an attorney to do correctly. Counsel is always the cheapest when you still have some control.
    Answer Applies to: Michigan
    Replied: 4/15/2015
    Ronald K. Nims LLC | Ronald K. Nims
    If you file bankruptcy, all ongoing lawsuits will stop and new lawsuits are prohibited. (This doesn't apply to child support or criminal lawsuits, just creditors suing to collect money.) Being sued is a common reason that people seek bankruptcy protection?
    Answer Applies to: Ohio
    Replied: 4/15/2015
    Michael J. Duggar, P.A.
    Michael J. Duggar, P.A. | Michael J. Duggar
    Bankruptcy is like a big red STOP SIGN in that it stops ALL collection efforts. You can stop the lawsuit by filing a bankruptcy.
    Answer Applies to: Florida
    Replied: 4/15/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    Bankruptcy will stop a lawsuit from proceeding if you provide an official notice to the plaintiff and to the court. As long as you serve notice on your other creditors, they may not initiate a lawsuit either, since doing so would be a violation of the bankruptcy stay.
    Answer Applies to: Oregon
    Replied: 4/15/2015
    Danville Law Group | Scott Jordan
    If you are eligible for bankruptcy, yes all of your creditors will be prevented from suing you. Upon completion of a bankruptcy, any debts owed will be discharged and you will never have to pay them. I suggest you contact a local bankruptcy attorney to discuss your options.
    Answer Applies to: California
    Replied: 4/15/2015
    Idaho Bankruptcy Law | Paul Ross
    Yes, bankruptcy will stop the collections lawsuit against you. Bankruptcy will also stop the other creditors from pursuing you (unless they are nondischargeable).
    Answer Applies to: Idaho
    Replied: 4/20/2015
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Filing a bankruptcy petition will stop any further action to collect or file a lawsuit against you and would stop any existing lawsuits from going forward. A bankruptcy discharge would eliminate your obligation to pay the amount due to the creditors.
    Answer Applies to: California
    Replied: 4/20/2015
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