Can a chapter seven bankruptcy be filed if the case has a proceeding contempt of court against it?

Answer 1

Ask. A. Lawyer.

Every case can have so many possible wrinkles and reasons why this or that makes a difference.

Ask. A. Lawyer

Answer 2

Your question doesn't make a whole lot of sense. However, it sounds like you are the subject of a contempt proceeding related to nonpayment of a debt. Bankruptcy MIGHT help you depending on the type debt.

When you file for bankruptcy, you are protect by an "automatic stay" that prohibits creditors from taking action against you to enforce a debt. There are some exceptions, so a contempt proceeding for refusing to pay child support might not be impacted by a bankruptcy.

The bottom line is that you need to see a local attorney that can give you better advice. Most of the people in this forum aren't even attorneys, but I am.

Answer 3

Lets see, I'm reading between the lines and using my mystical powers to assume things.

You have a tenant who isn't paying you and there's a contempt proceeding pending.

This same tenant has filed for chapter 7 bankruptcy.

Can she file for chapter 7 if this is still pending?? Answer is "yes" she can file the chapter 7. As long as she's listing you as a creditor, whatever she owes you will be wiped out in chapter 7 unless you can prove she committed fraud in procuring the apartment. i.e lied on her rental apps, misstated her income.