Legal Question in Credit and Debt Law in California

I have fild for a CH 7 BK in CA and it was discharged in Dec 09. I have a civil lawsuit which I did not include in the BK. The defendat attroeny just found out about my BK and thretened me that he will ask the court to dismiss thelawsuit because I did not include the lawsuit and the cross complaint in the BK. Is he correct and can he dismiss the lawsuit unless I reopen the bK to include him also and I also have a contract with him whcih I paid him $44K in 2003 for music publishing which he never honored. What am I supposed to do? Do I need to reopen BK and include him and the contract in it? f not will he be able to dismiss my lawsuit?


Asked on 2/23/10, 5:39 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

When you file bankruptcy, you must list every single asset. If you have a claim against this music publisher for breach of contract, you definitely should have listed as an asset. You should have listed the defendant as a creditor because they are a potential creditor. You need contact your attend, disclose the lawsuit and move to reopen the case. If the not, the opposing attorney has a very strong argument to get the lawsuit dismissed.

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Answered on 2/28/10, 5:51 pm


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