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    #1

    lawsuit after filing

    I don't have anything specific, so this is more of a hypothetical.

    If you did something today that could expose you to a civil suit, but nothing was done in that regard, and then later filed bankruptcy, could you then be sued for whatever happened before the bankruptcy?
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    #2
    It depends.
    Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

    Comment

      #3
      Ok, I'll stop being a smarta$$.


      If the liability that arose because of the 'something' you did was non-dischargeable, then yes, you could be sued. For instance: You ran your car over a little old lady who was crossing the street and the boy scout who was helping her while you were legally intoxicated, then yes, you could be sued for it even after bankruptcy by them or their wrongful death beneficiaries.
      523(a)(9).

      Same accident, but you were sober. But you didn't see the old lady and the boy scout because you were texting your girlfriend while driving, and assuming you listed it in your bankruptcy, then no, you could not be sued for it. Or if you were sued, you could get it dismissed by asserting the discharge as an affirmative defense.

      There are lots of other scenarios. It depends, it really does, on the facts of the situation.
      Last edited by MSbklawyer; 02-11-2010, 10:32 AM.
      Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

      Comment

        #4
        I once got in trouble for using faxes to advertise my services and was threatened with a lawsuit unless I paid $2,000, which I did.

        I have other faxes that I sent that would be before the BK filing, but in the unlikely event another fax recepient had a complaint and it happened after the filing, would the bankruptcy take care of it because what they are suing for happened before the filing?

        Comment

          #5
          $2k for sending a fax? WTF? We get spam faxes here at work every day.
          Last edited by Dannmcg357; 02-11-2010, 01:44 PM.
          Filed CH7 Feb 12 2010
          341 March 18
          Discharged...May 18
          Awaiting closing...

          Comment

            #6
            Sometimes attorneys troll for those junk faxes and make a case. I could have settled for less in the beginning, but I let it go to the point of it going to court and a possible much larger judgement. He could have been bluffing, but maybe not.

            Anyway...do you think it can be done again if BK is filed before they would make a case, but after the infraction?

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