can i file with pending lawsuit?

[jdphillips73]

my former employer is sueing me for breach of contract for not finishing the last 18 months of a 3 year employment contract as a nurse for 38000

can i file bankruptcy on them even thou they havent been awarded a judgement?

[soleprop]

heck yes, in fact now may be better?

[deafbroke]

Yes. It will slow down or stop the lawsuit. See an attorney about it.


DB

[AngelinaCat]

Yes, you can go ahead and file, and the Automatic Stay will stop the lawsuit in its tracks. It won't make it go away, though--be very aware of that. The ex employer may very well go ahead and file an Adversarial Proceeding against discharging the 'debt' that he doesn't have right now, not having a Judgement, but he could succeed in having in having his lawsuit set outside the BK so that he can finish his suit in the future.

You REALLY need to talk to a good BK attorney about this--whether it is better to file pre or post Judgement. If you wait and file after the Judgement, then you might get it wiped out.

Good luck and keep us posted.