What happens if had chapter 7 discharged in 2010 and now have pending lawsuit?

Some context to your question certainly would allow me to answer your question with more accuracy. Was this a debt you owed at the time you filed bankruptcy? If so, then you can respond to the lawsuit by citing to In Re Beezley, which holds that omitting a creditor from a bankruptcy is unimportant, provided that the Chapter 7 was a ?no asset? case and creditors received no payment from the bankruptcy trustee. If this lawsuit is a result of a matter that occurred after your bankruptcy, you cannot rely on your 2010 bankruptcy to protect you from financial obligations that occurred after your bankruptcy was filed. You are not currently eligible to receive another Chapter 7 discharge and your only option in bankruptcy would be to participate in a payment plan such as Chapter 13.

The first question is whether the lawsuit involves a claim which was discharged in the bankruptcy. You cannot just charge a jack incurred after the filing of the pictures Sharon, unless you file a new bankruptcy after the interval has expired. I think you might expect that all the debts you will ever incur are discharged because of the bankruptcy five years ago. That is not the way it works. Consult with a lawyer who represented you the last time around. If you did not have a Lawyer, you might want to retain one now.

If the lawsuit is for a claim that existed before you filed, it should be discharged in the bankruptcy unless you intentionally failed to list the creditor. Unknown creditors are included in your discharge. You should consult an attorney to decide whether your bankruptcy is a viable defense and whether you should file to stop the suit in bankruptcy court or in state court.

You need to file a new Chapter 13. Speak with an experienced BK lawyer. Any lawyer worth their salt will charge you a small fee for the consultation, which will take at least an hour. Take all of your law suit papers to the meeting. Time is of the essence so act now! Good luck.

The answer depends on whether the cause of action in the pending lawsuit arose before or after your chapter 7 filing date, and whether you had to pay or surrender anything to the chapter 7 trustee when you filed your case. If the debt or obligation was created prior to your chapter 7 filing, and if you had no assets to pay over to the trustee, then the debt should be discharged and the lawsuit cannot proceed unless it is the type of debt that would not be discharged in bankruptcy anyway (for example, domestic support, taxes, or student loans.) If your unsecured creditors got any kind of distribution in your bankruptcy case, then the debt is not discharged because it is too late for this creditor to file a claim in your case. If the debt was incurred after you filed for chapter 7, or if it is not discharged because of one of the preceding reasons described, then you cannot use your prior chapter 7 filing as a defense. You might, however, file a chapter 13 bankruptcy if it seems likely that you will lose the lawsuit, because a chapter 13 will give you up to 5 years to pay the debt. You really should consult a lawyer anytime you are sued for any reason.

You can do anything via your old case. You will be able to re-file 8 years from the filing date of your prior case.

I do not understand your question, if you had a debt discharged in 2010 and subsequently, five years later, a litigation has been brought on that debt you have a various avenues of relief. On the other hand, if you did not list the debt in your 2000 and filing it has not been discharged and you will be liable for it. I would suggest that you speak with your prior bankruptcy attorney or other counsel.