Can I sue someone who has filed for bankruptcy?

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Bankruptcy’s automatic stay stops most lawsuits once the bankruptcy is filed. Typically, you will not be able to file a lawsuit if it relates to certain debts which include: personal loans, credit card balances, medical bills, utility bills, unpaid rent, unpaid car payments, home foreclosures or accidental personal injury cases.

 

There are some instances where the lawsuit can continue despite a bankruptcy being filed. For example, filing bankruptcy will not stop a criminal case. Divorce and custody cases are not directly affected by the filing of a bankruptcy. If the person filing for bankruptcy caused a death or injury while intoxicated, the lawsuit against them can usually continue. Also, lawsuits, where debts arise after the filing of bankruptcy, can continue. Meaning if the debtor causes an accident one month after filing bankruptcy and damages your car, you can file a lawsuit against them.

 

For matters arising before the bankruptcy was filed, you may be able to petition the bankruptcy court for relief from the automatic stay so that your lawsuit may continue. Whether the court would grant your request depends on the circumstances.

Michael A. Cibik, Esquire

Michael A. Cibik is a partner at the Philadelphia law firm of Cibik & Cataldo, P.C. He is one of the few bankruptcy attorneys in the Philadelphia area certified by the American Bankruptcy Board.

If you or someone you know is having financial problems, stop worrying and call Michael at (215) 735-1060 for a free consultation.

The post Can I sue someone who has filed for bankruptcy? appeared first on Philadelphia Bankruptcy Lawyers.

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Cibik & Cataldo
1500 Walnut Street Suite 900
Philadelphia, PA 19102
(215) 735-1060
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Published by cibikandcataldobankruptcy

Cibik & Cataldo, a Philadelphia bankruptcy law firm, has provided superior, cost-efficient, and value-oriented legal services in a compassionate and respectful manner to thousands of clients. The Philadelphia law firm concentrates solely on consumer and business bankruptcy matters. Debt consolidation attorneys Michael A. Cibik, Esq. and Michael A. Cataldo, Esq. are both certified by the American Bankruptcy Certification Board and have filed well in excess of 20,000 personal bankruptcies. ABC Certification provides an objective standard that assists the public in making informed decisions when choosing counsel. Additionally, ABC certification encourages attorneys to strive toward excellence and recognizes those attorneys who have met ABC’s rigorous standards. Business Hours Monday - Friday 9am-5pm Cibik & Cataldo 1500 Walnut St Suite 900 Philadelphia, PA 19102 (215) 735-1060

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