Generally you can include the claim in a civil lawsuit in a bankruptcy unless it is based on accusations of fraud or embezzlement by you. Even in that case, the creditor would have to come to court, and start an adversary proceeding (a kind of lawsuit within a bankruptcy case). Or if he has a shrewd lawyer, he can move the Bankruptcy Court to 'abstain' and let the lawsuit proceed to a conclusion. This is rather rare, and very likely the creditor would have to prove that the civil case is based entirely on state law, and is close to completion. Find a skilled bankruptcy lawyer. It's almost always worth the investment. Good Luck.
Answered on Mar 15th, 2016 at 6:28 PM