QUESTION
Can someone still sue you after you filed for bankruptcy?
Asked on Aug 01st, 2011 on Bankruptcy - Virginia
8 ANSWERS
Bankruptcy Chapter 7 Attorney serving San Diego, CA
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Law Office of Asaph Abrams
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Not if the debt was discharged. Certain debts are not dischargeable as a rule. On rare occasion, a creditor might object to the discharge of an otherwise dischargeable debt. This answer (as well as our Web site) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon; it creates no attorney-client relationship; it may be pertinent to CA only; it's independent of other answers. Hire legal counsel before acting or refraining from bankruptcy/legal action F
Answered on Aug 03rd, 2011 at 8:04 AM
Trusts and Estates Attorney serving Jacksonville, FL
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Law Office of David M. Goldman PLLC
3 Awards
Yes, as long as you have not abandoned the claim in the bankruptcy
Answered on Aug 03rd, 2011 at 7:44 AM
Debtor's Rights Attorney serving Atlanta, GA
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Theodore N. Stapleton, P.C.
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No the bankruptcy filing imposes an automatic stay of all collection actions including filing a lawsuit. I am happy to discuss your options with you.
Answered on Aug 02nd, 2011 at 11:07 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Filing a bankruptcy creates an automatic stay against starting or continuing a lawsuit. Make sure that the creditor has notice of the filing.
Answered on Aug 02nd, 2011 at 8:34 AM
In limited circumstances, depending on the nature of the debt and the rights of the creditor, there are some instances in which a creditor could pursue a debt collection after bankruptcy (i.e. student loan, child support, etc.).
Answered on Aug 02nd, 2011 at 8:34 AM
Personal Injury Attorney serving White Plains, NY
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Glen A. Kurtis, PC Attorney at Law
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This depends on if the debt was included in the bankruptcy filing.
Answered on Aug 02nd, 2011 at 8:17 AM
Glen Edward Ashman
Sometimes. Discuss this with your lawyer. Depending on the circumstances, you may get to sue the suing party and get money. Or you may have to defend the case.
Answered on Aug 02nd, 2011 at 8:17 AM
Bankruptcy Attorney serving Herndon, VA
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Maureen O'Malley
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No. That's part of the protection bankruptcy offers.
Answered on Aug 02nd, 2011 at 8:16 AM