Legal Question in Bankruptcy in Wisconsin
bankruptcy wisconsin
i cosigned on a loan for my brother and he has decided that he is filing bankruptcy leaving me holding the payment on the loan. can i sue him to get my money back?
1 Answer from Attorneys
Re: bankruptcy wisconsin
Not after he files and the automatic stay goes into effect. You can sue him before he files, but a state-court judgment against him will be rendered useless and uncollectible after he files and receives a discharge of his debts. You might have grounds to file what is referred to as an "adversary action" in the bankruptcy court pending his discharge. If you are successful in convincing the bankruptcy judge that any number of statutory grounds exists to preserve the debt, he can order that it not be discharged with all the other debts. Speak with a bankruptcy attorney who files adversary actions to see for sure if you have any grounds to do that.
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