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.


Asked on 8/25/08, 12:17 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: File Bankruptcy During Pending lawsuit

Bankruptcy would discharge the debt if it is not the result of fraud or intentional harm to another.

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Answered on 8/25/08, 2:13 am
David Gibbs The Gibbs Law Firm, APC

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.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 8/25/08, 12:02 pm


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