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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2492
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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I live in Massachusetts and im being sued in regards XXXXX XXXXX

Customer Question

I live in Massachusetts and i'm being sued in regards XXXXX XXXXX father's estate where there is no will out of Florida, I'm being sued by my 3 brother's, My Question is, if i claim bankruptcy in Massacusetts which i am going to do anyway's, can i include the lawsuit in with the bankruptcy where bankruptcy is Federal?
Submitted: 9 months ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 9 months ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

Yes, you can list all claims in the bankruptcy case. All liabilities are listed, including lawsuits. (Put it on schedule F and in statement of Financial affairs).

Terry L. :

Now, the real question is will this obligation be discharged in the bankruptcy? well, it depends. What are they suing for?

Terry L. :

let me know

Customer :

They are suing for Lawyers fees and $60,000.00 in damages which comes out to about $86,000.00 I have a Lawyer in Florida and she is not sure if you can throw lawsuits in with the bankruptcy, Everything was left to me by my Dad but his van which I turned over to my Brother's, now that they did not want to give up I have the people who bought my father's house from me are suing me too. I was going to go Bankrupt anyway's but I need to make sure I can throw the Lawsuits in with The bankruptcy.

Terry L. :

yes, you would list all lawsuits in your bankruptcy case. Both on schedule F and statement of financial affairs.

Terry L. :

Generally, most debts are dischargeable, unless they fall into one of the exceptions set out in Section 523 of the bankruptcy code.

Terry L. :

You can see those here.

Terry L. :

Generally, the creditor would have to file an adversary to have the debt determined non-dischargeable.

Terry L. :

That is a mini-trial inside of the bankruptcy case.

Terry L. :

if the creditor does not file, then the debt will be discharged at the end of the bankruptcy case.

Terry L. :

let me know if you have any further questions.

Terry L. :

THanks
Terry

Customer :

I would like to bring this attention to my Lawyer in Florida and get back to you. Is that ok?

Terry L. :

sure thing

Terry L. :

any other questions?

Customer :

Thank You Terry.

Terry L. :

You are welcome. Click accept to close the question, you can always request me by name if you have any other questions.

Terry L. :

Terry L

Customer :

will it cost me again?

Terry L. :

if you respond to this question again, i don't think it does

Customer :

ok thank you Sir.

Terry L. :

ok, we are all set, I fixed the lock

Terry L. :

go ahead and accept/rate answer. thanks! Terry

Terry L. :

Any further questions? I had it set for info request, so it had locked the rating, go ahead and click accept to close question and rate answer if you are all set. thanks

Terry L. :

Terry

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