Legal Question in Bankruptcy in California
File Bankruptcy During Pending lawsuit
I have a pending chapter 7 (not yet filed), and a lawsuit just filed with no amount mentioned, it said to be determined. Can this be dischagred prior to any proceedings or amount? It is not a debt, but general suit I was an officer of the coporation and the names everone in their personal compacity as well as the Corporation.
2 Answers from Attorneys
Re: File Bankruptcy During Pending lawsuit
Bankruptcy would discharge the debt if it is not the result of fraud or intentional harm to another.
Re: File Bankruptcy During Pending lawsuit
Yes, you can discharge any obligation to that creditor, so long as the nature of the obligation you may owe them doesn't fit a category of non-dischargeable debt. Speak with your Bankruptcy attorney regarding what types of debts are non-dischargeable, and the process that is involved in the court's determining which debts can and cannot be discharged.
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