Legal Question in Bankruptcy in Minnesota
My mom filed a small claims lawsuit on a former boss for personal injury and medical costs, for which he was fired. (for landing her in the ICU for 3 days) She filed the suit 3 months after he filed chapter 7 bankruptcy. She since has filed an object to discharge and the case is pending, (so is the small claims case, court is in one week) but he was granted discharge 2 days ago.
Does this mean there is nothing we can do, even if we filed after his original filing date for bankruptcy? Is there anything we can do to continue the small claims case? Or are we supposed to drop everything to avoid breaking the law?
1 Answer from Attorneys
A bankruptcy precludes a creditor from pursuing collection of debts if they were included on the bankruptcy petition. A creditor can be sanction for seeking to collect after they are notified of the bankruptcy. As a result, the civil case cannot go forward if you were a named creditor.
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