Legal Question in Bankruptcy in California

creditor rights - future lawsuit?

I was listed as a creditor by someone declaring Chap. 7. He currently has no outstanding debts owed to me; however he knows that I plan on filing a lawsuit against him soon. It seems like a silly question to ask but I can not imagine why he has me listed as a creditor. Can he avoid future debts owed to me on a case that has not even been filed?


Asked on 2/15/08, 7:05 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: creditor rights - future lawsuit?

Believe it or not, the answer is "yes" if the facts underlying your potential lawsuit already occurred. For example, if an auto accident occurred a year ago, but you have two years in which to file a lawsuit for personal injury or three years for property damage, you are precluded by the bankruptcy from trying to collect damages, except if the debtor was driving under the influence or intentionally harmed you.

You might want to consult with an attorney before you file your lawsuit, and bring a copy of the bankruptcy notice with you.

Read more
Answered on 2/15/08, 9:30 am


Related Questions & Answers

More Bankruptcy Law questions and answers in California