How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Phillips Esq. Your Own Question

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12825
Experience:  B.A.; M.B.A.; J.D.
Type Your Bankruptcy Law Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

If we file for bankruptcy and then down the road we file for

Resolved Question:

If we file for bankruptcy and then down the road we file for a lawsuit agaisnt someone are they allow to attach that to our bankruptcy? We plan to file chapter 7 we have 200.000 dollars in unsucured debt. Have been forclosed on our home and my car repoed. Nothing for them to take except a rental house that we are planning to sell to buy out a partner from the house we live in now and making it our primary home and need to buy him out. Don't even know if there is enough equity to buy him out with. So are they able to take from a lawsuit from us if filed after the bankruptcy is filed?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 2 years ago.

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

Question: If we file for bankruptcy and then down the road we file for a lawsuit agaisnt someone are they allow to attach that to our bankruptcy? We plan to file chapter 7 we have 200.000 dollars in unsucured debt. Have been forclosed on our home and my car repoed. Nothing for them to take except a rental house that we are planning to sell to buy out a partner from the house we live in now and making it our primary home and need to buy him out. Don't even know if there is enough equity to buy him out with. So are they able to take from a lawsuit from us if filed after the bankruptcy is filed?

 

Response: No, because the debts would have been discharged in your bankruptcy. However, if you are contemplating filing a lawsuit against someone, you have to list that potential in your bankruptcy case as an asset. Otherwise, the defendants in the lawsuit would seek to dismiss the lawsuit on the ground that the lawsuit was not listed as potential asset in your bankruptcy filing.

Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12825
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.
What if I'm filing right now and have not even talked to an attorney about a lawsuit yet. Haven't start anything yet. If we do tell them and then file can't they then apply it to the bankrupty? Then take the proceed of the lawsuit from us?
Expert:  Phillips Esq. replied 2 years ago.

What if I'm filing right now and have not even talked to an attorney about a lawsuit yet. Haven't start anything yet. If we do tell them and then file can't they then apply it to the bankrupty? Then take the proceed of the lawsuit from us?

 

Response: I am not sure where you are going with this question. What do you mean by "apply it to bankruptcy?"

Customer: replied 2 years ago.
I'm not sure how bankruptcy works, I'm wanting to file chapter 7 and then file the law suit, I just don't want them to be able to take it to pay the creditors. Also if you have a lawsuit agaisnt me or a judgement em I able to file bankruptcy on them once they had been served on me? I will be accepting your answer so that you will get creditit for it. thank you
Expert:  Phillips Esq. replied 2 years ago.

I'm not sure how bankruptcy works, I'm wanting to file chapter 7 and then file the law suit, I just don't want them to be able to take it to pay the creditors.

 

Response 1: You do not have any choice in the matter. The rule is if you know that you are going to be filing a lawsuit against someone or thinking about filing a lawsuit against someone when you file for bankruptcy, you must list the information regarding the lawsuit in your bankruptcy case. Otherwise, you would lose your right to bring that lawsuit later. You claim up to certain amount of the potential proceeds from the lawsuit so that the bankruptcy trusee or your creditors cannot touch this amount. You need to ask your bankruptcy attorney further questions on this.

 

Also if you have a lawsuit agaisnt me or a judgement em I able to file bankruptcy on them once they had been served on me?

 

Response 2: Yes, you can include all lawsuits and Judgments against you in your bankruptcy.

 

 

Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12825
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and other Bankruptcy Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.