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Is pre-petiton lawsuit alleging fraud dischargeable in bankruptcy?
Wiki User
∙ 14y ago
The allegation of fraud in a complaint in a lawsuit does not prevent the discharge of the underlying claim. The creditor would have to object to discharge in the bankruptcy court on the grounds of fraud and prove to the court's satisfaction that there was fraud of the kind that bars discharge
Wiki User
∙ 14y ago
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Will filing bankruptcy remove you from an existing lawsuit in which monetary gain is being sought?
Perhaps, but if it is a personal injury suit it is not likely. Debts that are dischargeable in bankrupcy are all subject to interpretation of the trustee in accordane with federal or state bankruptcy laws. Likewise, all such decisions by the trustee can be appealed in BK court.
Does chapter 7 protect from civil suit?
Depends on the nature of the civil suit. If its a simple debt collection lawsuit- a chpt. 7 can discharge the debt. If its a lawsuit seeking money damages due to fraud, then it might not be dischargeable if the creditor files a proof of claim.
Can a lawsuit settlement be taken after bankruptcy discharge?
If the debtor has a lawsuit for damages AGAINST a person, that lawsuit becomes part of the BK and the BK trustee would have the power to settle/go to trial and keep any judgment for distribution to creditors. If the debtor is being sued by ANOTHER person, it would have to be listed in the BK petition, and the cause of action would be discharged (unless it involves debts that are non-dischargeable)
Does someone in bankruptcy have to answer a civil lawsuit?
Of course.
Which science fiction film was the target of a lawsuit by author Harlan Ellison alleging his work had been plagiarized?
The Terminator
Is the debt from a personal lawsuit removed when you file for bankruptcy?
no
Is Chipco involved in a lawsuit?
bankruptcy - chapter 11
Can a person avoid civil lawsuit with bankruptcy in Pennsylvania?
Not enough information to answer. Avoid WHAT KIND of civil lawsuit? General answer would have to be - NO.
Can you file bankruptcy on a civil lawsuit judgment?
If you have pleaded no content to a negligent homicide and have been convicted and the family of the deceased files a civil lawsuit against you in Montana where the accident took place, can you file bankruptcy?
Can a company file bankruptcy to get out of a settlement or lawsuit?
Yes. History is full of examples.
Why is it important for a doctor to have malpractice insurance?
It is important fo a doctor to have malpractice insurance in order tp prepare for the day when he is hit by a lawsuit alleging negligence or malpractice.
Will your lawsuit against employer be affected by the chapter 11 bankruptcy filing?
Very possibly.
