What happens if I had chapter 7 discharged in 2010 and now in 2015 have pending employment lawsuit? 6 Answers as of August 03, 2015

Will need I to have chapter 7 bankruptcy amended to avoid and problems down the road?

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Any debt or claim that existed before you filed chapter 7 is discharged. Inadvertently omitted creditors are discharged in a "no asset" case. Provide proof of the bankruptcy the opposing attorney. If they don't dismiss the civil case, file an action in the bankruptcy case for sanctions. A knowledgeable bankruptcy attorney knows how to do this.
Answer Applies to: California
Replied: 8/3/2015
Rhymer Law Firm
Rhymer Law Firm | William Rhymer
If I understand what you are asking, you had a possible employment lawsuit claim when you filed your Chapter 7 and did not disclose it in your schedules, then you need to get in touch with your Chapter 7 attorney immediately to disclose the potential asset by amending your Schedules and Statement of Financial Affairs or you could lose the right to collect on the suit.
Answer Applies to: Georgia
Replied: 8/3/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
You do not appear to be eligible to file a Chapter 7 right now and receive a discharge. While technically you could file Chapter 7, it would only protect you for 4 months or so and at the end, you would have no discharge and your unexempt property would be liquidated by the bankruptcy trustee. The requirement is that you have at least 8 years between filing another Chapter 7 to receive a discharge eliminating debts. If you need bankruptcy protection, you could file a Chapter 13 and make payments for up to 5 years through a trustee to obtain a discharge at the conclusion. Whether this is a worthwhile option would require an assessment of your finances.
Answer Applies to: Nevada
Replied: 8/3/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
If the employment lawsuit began prior to filing then reopen your case and add it. If it began after filing then you can wait until after 2018 to file again.
Answer Applies to: New York
Replied: 8/3/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
If the new obligation arose after you filed the 2010 bankruptcy your employment action is entirely separate. You cannot just discharge a post-petition debt by referring to a PRIOR bankruptcy.
Answer Applies to: Wisconsin
Replied: 8/3/2015
    Ronald K. Nims LLC | Ronald K. Nims
    No, you five year old Chapter 7 should not have any affect on your employment lawsuit.
    Answer Applies to: Ohio
    Replied: 8/3/2015
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