Comments on: Legal Question??? help? http://whentofilebankruptcy.org/legal-question-help Consider All Your Options | Free Tips, Q&A and Online Resources Thu, 29 Dec 2011 01:20:45 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Pork Patty http://whentofilebankruptcy.org/legal-question-help/comment-page-1#comment-7114 Pork Patty Tue, 20 Jul 2010 00:01:09 +0000 http://whentofilebankruptcy.org/legal-question-help#comment-7114 Anyone can sue anyone for anything. The question is whether they will win. Yes, just tell your bankruptcy lawyer. The claim is most likely barred by the doctrine of issue preclusion, but there is not enough information to be sure. If you are filing a Chapter Seven bankruptcy, it won't matter. If you're filing a 13 you may have a problem. More than likely the lawyer is just trying to shake something loose on a flyer. Tell your insurance company, which will provide a defense, and your bankruptcy lawyer, who may make a defense unnecessary. Anyone can sue anyone for anything. The question is whether they will win.

Yes, just tell your bankruptcy lawyer. The claim is most likely barred by the doctrine of issue preclusion, but there is not enough information to be sure. If you are filing a Chapter Seven bankruptcy, it won’t matter. If you’re filing a 13 you may have a problem.

More than likely the lawyer is just trying to shake something loose on a flyer.

Tell your insurance company, which will provide a defense, and your bankruptcy lawyer, who may make a defense unnecessary.

]]> By: ann http://whentofilebankruptcy.org/legal-question-help/comment-page-1#comment-7115 ann Tue, 20 Jul 2010 00:01:09 +0000 http://whentofilebankruptcy.org/legal-question-help#comment-7115 You company should have received a total release when they settled. If they failed, then they still have to defend you. But the other side can always sue you. Both your employer who owns the car and their insurance, as well as your own car insurance if you have one, must handle your defence. Regardless of all that, nothing stops you from including in your bankruptcy these claimants name so that you need not pay any judgement they might get above what the insurance covers, a highly unlikely situation unless death occured. Good Luck! You company should have received a total release when they settled. If they failed, then they still have to defend you. But the other side can always sue you. Both your employer who owns the car and their insurance, as well as your own car insurance if you have one, must handle your defence.
Regardless of all that, nothing stops you from including in your bankruptcy these claimants name so that you need not pay any judgement they might get above what the insurance covers, a highly unlikely situation unless death occured.
Good Luck!

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