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If a debtor files a lawsuit against a party outside of

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If a debtor files a lawsuit against a party outside of bankruptcy court and after he filed for bankruptcy....can the other party file counterclaims against the debtor in the non-bankruptcy litigation without violating the automatic stay?

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Yes you can here.The bankruptcy may stay any hearings and movement but you can counterclaim since the debtor filed suit.The court would have to decide if the stat applies to the suit and counterclaim and it likely does until lifted.But legally you are allowed to counterclaim here, you are not stayed from filing the pleadings.The issue is whether it all can go forward once filed.Eventually the bankruptcy court would lift the stay and it would proceed to trial.

Definitely file your answer/counterclaim.

I appreciate the chance to help you .Thanks again.

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