QUESTION

Can I be sued if the child has already been diagnosed with poisoning before living with me?

Asked on Apr 18th, 2013 on Bankruptcy - Arizona
More details to this question:
I filed chapter 7 in 1997, I lost my rental property in the discharge. Now in 2013 they are saying the child has lead paint poisoning and they are suing me, they were not added as a creditor because they were just renting. The child was diagnosed already with lead paint poisoning in 1992 prior to living in my home, but they are suing all homes the child is living in.
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6 ANSWERS

Richard hirsh
There are a number of issues you raise. One might be the statute of limitations and the age of the "child." Another might be whether your tenants had actual knowledge of the bankruptcy. But certainly the bankruptcy discharge can be raised as a defense.
Answered on Apr 23rd, 2013 at 2:18 PM

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Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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Theoretically the debt is already in the Bankruptcy. Your Bankruptcy attorney ought to know this. In any regard you must assert your discharge as a defense in the lawsuit. You need an attorney.
Answered on Apr 23rd, 2013 at 1:08 AM

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Bankruptcy Attorney serving Hampton, VA at Haven Law Group, P.C.
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You can add the creditor even after the bankruptcy is over so long as that potential debt existed prior to the filing.
Answered on Apr 22nd, 2013 at 9:53 PM

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You can be sued, but the filing and service of the complaint are likely a violation of the automatic stay and the claim underlying the complaint was likely discharged. If your chapter 7 case was a no asset case (i.e., you had no non exempt assets that were liquidated by the chapter 7 trustee and the proceeds distributed to creditors), the claim will be considered discharged except to the extent the plaintiff may have a claim for willful and malicious injury. If your case was an asset case, then no automatic stay violation and no discharge, if the creditor did not have either actual or constructive notice of the filing.
Answered on Apr 22nd, 2013 at 9:33 PM

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Chapter 7 Bankruptcy Attorney serving Milwaukee, WI at Law Offices of Deborah A. Stencel
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It sounds to me like the claim should be barred by your bankruptcy filing. Start by providing Notice of the Bankruptcy Filing and Discharge to the attorneys suing you. If you don't have copies, you may have to order them from the bankruptcy court. You may have to reopen your bankruptcy to add the creditor which would cost you some attorneys' fees and the filing fee to reopen.
Answered on Apr 22nd, 2013 at 9:27 PM

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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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Check with your bankruptcy attorney.
Answered on Apr 22nd, 2013 at 9:26 PM

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