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"Do you have any lawsuits against you?"

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    #1

    "Do you have any lawsuits against you?"

    This is one of the questions asked by the trustee. I assume the substance of the question is to see if you owe money other than non-secured/secured debt. But what if you are a defendant in a criminal case? Do you still have to answer "yes"? A criminal case isn't really a lawsuit, or is it?
    Filed C7: 04/25/2007
    341: 05/21/2007
    Last Day for Objections: 07/20/2007
    Discharged: 07/23/07 Closed: 07/26/07
    Tags: None
    #2
    i would still mention it and let "them," be the judge especially since you are part of the case ! you don't want your case dismissed (if you filed) at the last minute .. GOOD LUCK

    Catchmeifyoucan
    July 2006: Filed Ch13 :blink:
    Oct 2006: Converted to Ch7 :clapping:
    Jan 2007: DISCHARGED :clapping:
    Nov 2007: CLOSED :yahoo::yahoo::yahoo:

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      #3
      Look at that adorable kitty in your avatar! I have a little black and white cat that looks like a Panda bear, her name is Panda. She was abandoned by my neighbors when they moved, so she's my cat now. I notice a couple of different people here with kitties in their avatar.
      Filed C7: 04/25/2007
      341: 05/21/2007
      Last Day for Objections: 07/20/2007
      Discharged: 07/23/07 Closed: 07/26/07

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        #4
        A lawsuit is a civil case, not a criminal case.

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          #5
          True, very true!

          However, a criminal case can lead to a civil case for damages. Just ask OJ

          Originally posted by FilingOnMyOwn View Post
          A lawsuit is a civil case, not a criminal case.

          Comment

            #6
            Originally posted by manglicmot View Post
            This is one of the questions asked by the trustee. I assume the substance of the question is to see if you owe money other than non-secured/secured debt. But what if you are a defendant in a criminal case? Do you still have to answer "yes"? A criminal case isn't really a lawsuit, or is it?
            we were asked 'do you have any lawsuits' and I took that to mean are we suing anyone and expecting money...which they would want a piece of.
            Dena Ch 7 (Joint)
            FILED Oct 23 2006
            341 meeting Nov 16 2006 DONE!!!!

            Comment

              #7
              Originally posted by ekelly4200 View Post
              we were asked 'do you have any lawsuits' and I took that to mean are we suing anyone and expecting money...which they would want a piece of.
              That is the real question. Most trustee's ask it this way...

              Do you have any lawsuits now pending or any claim that could be brought...

              I don't think anywhere on the forms it asks about "criminal" prosecutions and the only time it is relevant in the BK is if you are trying to discharge (which you usually can't) or pay through a chapter 13 plan, criminal resititution. Otherwise, I do not think you need to mention it.

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