QUESTION
Can I include a recent civil suit that hasn't gone to court?
Asked on Apr 13th, 2012 on Bankruptcy - Colorado
More details to this question:
If a civil suit has been filled against me but has not gone to court yet, can I include it in my bankruptsy that I am already in? The civil suit is from an old landlord.
23 ANSWERS
Bankruptcy Chapter 7 Attorney serving Los Angeles, CA
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Bereliani Law Firm, PC
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Yes.
Answered on May 30th, 2013 at 1:55 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Yes.
Answered on May 30th, 2013 at 1:51 AM
Bankruptcy Chapter 7 Attorney serving San Diego, CA
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Law Office of Asaph Abrams
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There's reference to an "old landlord," which may imply an old (pre-bankruptcy or pre-petition) debt... or a non-spring-chicken landlord. The timing of incurrence of the underlying debt-not the filing of the creditor's lawsuit-is what's relevant. Pursuant to notice, it is illegal for a creditor on prepetition-debt to pursue further legal/adverse action, absent limited exceptions to the automatic stay, relief from stay, or a successful complaint for nondischargeability.
Answered on May 04th, 2012 at 4:43 PM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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Sure you can include the debt as one you hope to discharge.
Answered on Apr 25th, 2012 at 12:14 PM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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You need to list all claims against you on the date of filing. If this one got left off, it can be included if it is not too late and/or if it is a no asset case. Your attorney should be able to deal with this. It happens all the time.
Answered on Apr 24th, 2012 at 4:20 PM
Business Bankruptcy Attorney serving Raleigh, NC
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J.M. Cook, P.A.
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Yes. You should include all assets and liabilities. This is a disputed, unliquidated liability.
Answered on Apr 19th, 2012 at 2:31 PM
If the debt was incurred pre-petition, it is part of the bankruptcy, regardless of when the suit was filed. Your attorney can help you amend your schedules to include the debt.
Answered on Apr 17th, 2012 at 11:28 AM
Barbara A. Fontaine
Yes-include all possible debts in your bankruptcy. You probably either have letters from creditors or from attorneys. You can include disputed claims.
Answered on Apr 17th, 2012 at 11:24 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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All lawsuits, whether pending or reduced to judgment, are listed in the bankruptcy on schedule F as well as the Statement of Financial Affairs.
Answered on Apr 17th, 2012 at 11:06 AM
Have your lawyer file a Petition to Amend and pay the $26 amendment filing fee. As long as your 7 is not closed out, and the debt pre-dated the filing of your case, you can add it into your current case.
Answered on Apr 16th, 2012 at 6:01 PM
Trademark & Copyright Law Attorney serving Oklahoma City, OK
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Jerry J. Dunlap, II
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Yes. The lawsuit should have been included in your initial filing for bankruptcy as a disputed claim. You can amend the schedules and list of creditors to include notice to the former landlord.
Answered on Apr 16th, 2012 at 5:58 PM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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As long as the alleged debt was incurred before you filed bankruptcy, the debt can be included in your case. In other words, it does not matter when the suit was filed but when the events that created the debt happened.
Answered on Apr 16th, 2012 at 4:37 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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All debts, including current or potential lawsuits, must be included in your bankruptcy. Even those debts that you dispute. Make sure to contact competent counsel for advice.
Answered on Apr 16th, 2012 at 4:35 PM
Norman Linder Hull
Not only can you include a civil claim that has not gone to a lawsuit yet, you must include it, just like all other claims that may be against you at the time you file.
Answered on Apr 16th, 2012 at 3:29 PM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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Yes. You can file an amendment adding the creditor and send them a copy that you added them with a copy of the meeting of creditors notice.
Answered on Apr 16th, 2012 at 3:26 PM
John R. McNeal
You must file a motion to amend petition if creditors meeting hasn't taken place.
Answered on Apr 16th, 2012 at 3:16 PM
You should consult with a bankruptcy attorney about the specifics of your situation. As a general rule, most claims which might be brought by a former landlord, unless they involve some form of misrepresentation, can be discharged in bankruptcy - even if they have not been filed. Your bankruptcy attorney will handle providing notice to the former landlord. The landlord will have a right to question you at the creditor's meeting and may also file an objection to the discharge of his claim against you.
Answered on Apr 16th, 2012 at 2:56 PM
Trusts & Estates Attorney serving Camarillo, CA
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Law Offices of Larry Webb
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Yes, if the issues raised in the lawsuit are before the date you filed your bankruptcy case.
Answered on Apr 16th, 2012 at 2:55 PM
2 Awards
Yes, you include all debt, whether contingent or proven. A bankruptcy will stay these proceedings.
Answered on Apr 16th, 2012 at 2:55 PM
Yes. You should list all of your debts when you file bankruptcy.
Answered on Apr 16th, 2012 at 2:55 PM
You are required to list, among other things, all of your debts in the Petition, which includes the debt owed to your former landlord. Once discharged, the debt cannot form the basis of any subsequent lawsuit.
Answered on Apr 16th, 2012 at 2:50 PM
Daniel James Wilson
Yes. Actually you have to, as you are required to schedule all assets and all debts.
Answered on Apr 16th, 2012 at 2:46 PM