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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17222
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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im currently in chapter 13 bankrupacy in new york can i be

Resolved Question:

im currently in chapter 13 bankrupacy in new york can i be sued for an assault or will case be stayed?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 5 years ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETESQ :

When did you file the chapter 13?

Customer:

2008

Customer:

2 more years of payments

WALLSTREETESQ :

While in a chapter 13 you are protected by the Federal automatic stay, and if a lawsuit is filed against you,

WALLSTREETESQ :

than you would still have to answer it, however you will need to claim the automatic stay as a defense,

WALLSTREETESQ :

You can also amend your petition to list the lawsuit as well, so the Bankruptcy Court will send them a notice stating you are in a bankruptcy,

WALLSTREETESQ :

In some cases the attorney in the civil suit can file a motion to lift the automatice stay and have the civil suit proceed, by claiming that the civil suit injury occurred after the chapter 13 confirmation, and was not added in the petition

WALLSTREETESQ and 2 other Bankruptcy Law Specialists are ready to help you

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