can a discharged chapter 7 bankruptcy help in any future lawsuits?
I received a discharged from a chapter 7 bankrutcy, less than a month later i get served. I am being sued for a civil matter.
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It depends.
You absolutely don’t have to "file bankruptcy again," as another respondent said. In fact you may not file Ch 7 again for 8 years, Ch 13 for 4 years.
If you are being sued for a pre-petition debt (something you owed before you filed your bankruptcy) the lawsuit is a violation of the discharge order. Contact your bankruptcy attorney and let him or her know that you have been sued for a debt that was discharged in bankruptcy. Various attorneys handle this situation differently, but in the bankruptcy law firm where I worked, the bankruptcy attorney would contact the attorney who filed the lawsuit and offer to negotiate a settlement in exchange for not hauling the creditor into court for violating the discharge order. Usually the lawsuit was immediately dismissed and some small negotiated settlement was arrived at ($1000 or so) which would cover the attorney’s fee and leave the client with a nice little check to deposit in his or her own bank account.
All that is *IF* the lawsuit is for a debt that was discharged in bankruptcy.
If, on the other hand, it is a debt that was incurred AFTER FILING your bankruptcy (not "after the discharge" but after the date you filed the bankruptcy petition) there is nothing your bankruptcy attorney can do. Your bankruptcy does not relieve you of debts that you incur after the date of filing.
July 24th, 2010 at 3:37 pm