Is It Possible for Someone to Sue Me While I’m in Bankruptcy?

Bankruptcy can be a smooth transition from financial strife to a much easier life, but in some cases the person filing for bankruptcy faces a few bumps along the way. This is especially true when someone files a lawsuit against you during bankruptcy. In many instances, the automatic stay bankruptcy creates protects you from legal action, but there are times when legal action can complicate the bankruptcy process.

The good news is if you are working with an experienced bankruptcy attorney, the process can still go smoothly, so don’t panic.

Here’s what you need to know if a lawsuit is filed against you during bankruptcy:

First, take a deep breath. The lawsuit itself might be meaningless, but you need to take the right steps to deal with it. Anyone has the right to file a lawsuit just by paying to do so, but this doesn’t mean anything will come from their actions. The important thing is you comply with court rules and do all of the things that are required of you so there isn’t a problem based on a technicality.

Don’t ignore a lawsuit assuming it will go away. You still have responsibilities and should treat any legal action against you seriously.

Responding to the Lawsuit

After you receive notice you’re being sued, you’ll need to respond to the lawsuit with an Answer or a Motion to Dismiss. Your attorney will help you determine how to proceed and help you fill out the appropriate paperwork.

You’ll also be required to appear in court to allow the judge to get a better understanding of the situation. This is when decisions are made about how the case will proceed and it’s important you attend. Your lawyer will attend with you, which will hopefully ease some of our nerves.

Working with a Bankruptcy Attorney

The bottom line? It’s important to understand that it is possible for someone to file a lawsuit against you to prevent debts from being discharge. This is why it’s so important to have all of your “ducks in a row” when you file and to work with an experienced attorney who will improve your odds of winning the lawsuit and getting the debt discharged. You can find out more about how to handle a creditor lawsuit in this article from Consumer Finance.

Working with an attorney during bankruptcy is always important, but it’s especially necessary when you are facing a lawsuit related to your bankruptcy. The guidance and advice you’ll receive from an experienced professional will help you through the process and ease your anxiety.

One of the worst things in the world is feeling as if you are finally handling a problem only to have barriers thrown in your way. An experienced bankruptcy attorney can help you eliminate those barriers and move forward to a brighter financial future.

If you have other questions about lawsuits and bankruptcy, or you are looking for assistance with your bankruptcy filing, we can help. Contact R. Flay Cabiness, II, P.C. at (912) 554-3774 (Brunswick, GA); (912) 375-5620 (Hazlehurst, GA) or; (912)-554-3756 (Jesup, GA).

Request A Free Consultation

Contact Us

Brunswick, Georgia
2225 Gloucester St.
Brunswick, GA 31520
Tel: (912) 554-3774 | Fax: (912) 262-0285

View Map

Hazlehurst, Georgia
20 Hinson St.
Hazlehurst, GA 31539
Tel: (912) 375-5620 | Fax: (912) 375-2681

View Map

Jesup, Georgia
155 E. Cherry St., Suite A
Jesup, GA 31546
Tel: (912) 559-2514 | (912) 375-2681

View Map