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Winning a Lawsuit After a Chapter 7 Discharge

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  • 12-12-2016, 09:54 PM
    lawfacts
    Winning a Lawsuit After a Chapter 7 Discharge
    A person went through Chapter 7 bankruptcy without reporting a pending lawsuit. After discharge, they obtained a large settlement of the lawsuit, in the mid-five figure range. Will the trustee believe that they forgot about the lawsuit when they filed the bankruptcy case, and that's why they didn't report it? What should they do?
  • 12-13-2016, 02:34 AM
    Mr. Knowitall
    Re: Winning a Lawsuit After a Chapter 7 Discharge
    The person should consult their bankruptcy lawyer -- they can certainly now afford the fee. There is no way to say what the trustee will conclude, but I would expect the trustee to be skeptical of a claim that a plaintiff in a lawsuit simply forgot that they were actively involved in litigation.
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