ExpertLaw.com Forums

Lawsuit is Still Pending After a Bankruptcy Discharge

Printable View

  • 05-15-2018, 12:41 PM
    lawfacts
    Lawsuit is Still Pending After a Bankruptcy Discharge
    An unincorporated business owner was sued for the debts and activities of his business, and filed for bankruptcy protection. The claims made in the lawsuit were included in the bankruptcy, and are covered in the final order of discharge.

    Now that the bankruptcy has been discharged, the man has discovered that the lawsuit is still pending against him in state court. How can he stop the lawsuit?
  • 05-17-2018, 01:58 PM
    Mr. Knowitall
    Re: Lawsuit is Still Pending After a Bankruptcy Discharge
    If in fact the lawsuit was resolved through the bankruptcy court, he may file a motion in state court to dismiss the lawsuit based on the order of discharge. If the plaintiff is trying to prosecute the lawsuit despite having been served with the order of discharge, he may also be able to petition the bankruptcy court to hold the plaintiff in contempt of court.

    It is possible for a bankruptcy to exclude a legal claim, but I'm going to assume that no exclusion occurred in this specific case.

    The lawsuit was likely stayed as a result of the bankruptcy, and it is possible that the plaintiff hasn't realized that the lawsuit technically remains pending.
All times are GMT -7. The time now is 04:09 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved