Can you sue someone that has recently gone bankrupt?

Question

without getting into a long story. I have a huge case against someone who is considering going bankrupt. My lawyer told me that I have two years in this particular case to do it. My question is, if this person goes bankrupt, am I still able to sue her?

Answer 1

for debt owed before her bankruptcy??? Most likely NO..... Bankruptcy filings halts legal proceedings for any debt incurred before the filing. You will need to file with the bankruptcy court as a creditor.

As part of the proceedings, she MUST declare you as a creditor, or be in contempt of court..

Answer 2

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RE Can you sue someone that has recently gone bankrupt?

without getting into a long story. I have a huge case against someone who is considering going bankrupt. My lawyer told me that I have two years in this particular case to do it. My question is, if this person goes bankrupt, am I still able to sue her?

Answer 3

If they list any possible debt that they might owe you as one of their debts then you would be notified by the bankruptcy court and have the chance to argue why your debt should not be included in the bankruptcy. If you are not included, then all you have to do is wait for them to have the bankruptcy discharged before you sue them. You might still have a problem collecting because a later judge might decided that your debt should have been part of their bankruptcy.

Your lawyer should have already explained this to you, or I would find a different lawyer.

Answer 4

If they list you as a creditor in the bankruptcy, you will be given a chance to file a proof of claim, unless the bankrupcy trustee determines that there are no assets for the unsecured creditors, which is often the case. After the bankruptcy, your claim will be considered discharged, unless you can show the bankruptcy court a reason, such as fraud, not to discharge your claim.