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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2670
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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We are currently under a lot of pressure due to a ongoing civil

Customer Question

We are currently under a lot of pressure due to a ongoing civil suit that is expensive for us to defend. We were thinking of filing Chap. 7 BK anyway, and noticed that one huge benefit of filing the Chap. 7 would be the "automatic stay" freezing litigation during the time of the BK.

Yet the plaintiff in the civil suit is aggressive and highly motivated to do us harm. My question is, if we file Chap. 7 BK, how difficult would it be for him to simply make a series of court filings, maybe something like a "Motion For Relief From Stay", and then continue with his lawsuit as if we weren't even in BK? I read the opinion of at least one online author: "In Chapter 7 there are very few defenses to these motions." So, what's the likelihood of shutting down his civil litigation against us with that automatic stay, or would he just quickly get the stay lifted and we're right back where we started with him?

Thanks in advance for any replies.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.

Hi - my name is Chris and I'm a Bankruptcy attorney here to assist you.

1) What is the basis (reason) for the lawsuit?

2) Are there any property interests involved?