QUESTION
Can I sue someone who has not included me as a creditor in bankruptcy proceedings?
Asked on May 01st, 2017 on Bankruptcy - New Jersey
7 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Did the bankrupt have assets in their bankruptcy? If not, then you can't sue them. If they had assets, you can sue them but discuss it with a bankruptcy lawyer first.
Answered on Jul 31st, 2017 at 4:39 PM
You probably could sue them, but it would be a waste of time to do so. Having been omitted from being listed in a bankruptcy does not result in the debt to you continuing to be good. Take a look at the major case on this topic called In Re Beasley to see how the court has ruled on this issue.
Answered on Jul 26th, 2017 at 6:34 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Not likely. If you know about the bankruptcy, even if you are not listed as a creditor, you are bound by the 'Automatic Stay' which prohibits nearly all efforts to collect from a debtor in bankruptcy. You can, and probably should, file a Proof of Claim in his bankruptcy case. That will protect your right to any possible dividend from the case. (This is very rare.) Good Luck.
Answered on Jul 26th, 2017 at 6:33 AM
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No. A chapter 7 covers all debt whether it is listed or not. If you sue, you will be violating the bankruptcy automatic stay or discharge order. In a chapter 13, if you did not find out about the bankruptcy in time to file a claim, then you can sue that person after the chapter 13 is complete.
Answered on Jul 26th, 2017 at 6:33 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Most likely not but the answer requires more discussion to be complete and more information.
Answered on Jul 26th, 2017 at 6:32 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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No. The automatic stay still applies and you would have to get relief from the automatic stay first.
Answered on Jul 25th, 2017 at 9:16 AM