Potential Lawsuit: Able to be claimed in bankruptcy?

[Sigh]

Hello everyone, and thank you for your time in advance.

If I have been threatened by another (former business partner) that they are going to file a bogus civil lawsuit against me for approx. $50k in credit card debt they erroneously claim I stuck them with, or all indications point to that they will file such in the future, can I claim this on bankruptcy before such lawsuit is even filed? They already attempted criminal proceedings, but the local DA said the case had zero merit based on statements from both parties, and flatout refused to take it up.

Also, I did search the forums before I posted (), and I did find this thread:

http://www.bkforum.com/showthread.php?t=7335&highlight=potential+lawsuit

Post #5:

Your attorney will list them as creditors and the liability as unliquidated/contingent.
Pretty routine-just be sure you do it right.

That seems to be the answer I was looking for, but I just wanted to make sure that I am reading that correctly.

Again, thank you so much for your help, as it is greatly appreciated.

Sigh

[music12]

yes, you'd list them as a creditor (mark "disputed" in the creditor matrix).

but, if they are your only reason for filing, i'd wait and see. they have been turned down by the DA. they could lose the lawsuit altogether.

[doingpoorly]

I am in the same situation except my case involves accusations of hitting a car in a parking lot. Yesterday.
Obviously any claims against me would be for a tiny fraction of what your case could involve but I imagine both of our situations would be marked the same on the petition.
What music is saying seems like it is the way to go about it. It makes sense. I would have asked my attorney today if he wasn't out of town. I intend to talk to my him tomorrow when he gets back and see what he says. I am filing Friday. I'll let you know what I find out.

[Sigh]

yes, you'd list them as a creditor (mark "disputed" in the creditor matrix).

but, if they are your only reason for filing, i'd wait and see. they have been turned down by the DA. they could lose the lawsuit altogether.

Thank you both so much for your expedient reply. I do have another question, if you do not mind:

Would I list both her creditor & her, just to cover my hide, or would they be listed separately?

Her claim to the creditor is that she did not open these accounts nor did she charge on them whatsoever (she is the acct owner, and I was just an authorized user), and that I opened them fraudulently in her name, though she made mulitiple balance transfers from her other accounts.

Aside from the fact that she was the account owner, the balance transfers is what convinced the DA she had zero rights to claim otherwise. Then she had the creditor start harassing me in an attempt to collect (hence why I was concerned they may also attempt to sue me along with her), on top of the phone calls to friends/family that she was going to have me arrested. I'm not phased by it.

And this would definitely NOT be the only reason I would file, so don't worry about that.

[MSbklawyer]

Anyone you think may have a claim against you -- no matter how remote, bogus, or inconsequential the claim -- list them. List them under their real name and any trade names they use or have used.

I have a "Sam I Am" poem somewhere about who to list. I'll post that when I find it.

[music12]

ask your lawyer about this one... i wouldn't want to give this creditor any ideas about going after you for "fraud" within your bk when you never even had a debtor-creditor relationship with this cc. i'm guessing your lawyer will list both her and the cc, but ask to be safe.

[doingpoorly]

I asked the lawyer today if we should include the person who claims I hit them. He said that we didn't have to list him since we spoke to the insurance company and they are advising it could a fraud case and to let them work it out. If something happens later we can amend things. Everyone I talked to at attorneys and insurance is approaching this as a case of fraud on his part.