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Is it possible to sue a bankrupt?

Hello,
I have been making payments on a loan for 1 1/2 years as my ex stopped making the payments. He has since gone bankrupt in June 2006.

Would it be possible to sue him for the amount that I’ve paid so far eventhough he is bankruptcy?

Or must I continue making the payments and sue him when he is discharged next year?

Can an legal agreement be drawn up stating that he will commence payments in the future (say if/when he gets discharged)?

Or is suing a bankrupt simply futile?

Please advise.

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One Response to “Is it possible to sue a bankrupt?”

Barton Goth, GCO Inc. Bankruptcy Trustees said...

From the sounds of it, this is not a debt that you would be able to sue your ex for, nor able to draw up a legal agreement arranging future payments. Essentially any debts that exist prior to bankruptcy (with very few exceptions) are cleared in a bankruptcy and none of the creditors have any ability to request payment after the fact as this would violate federal legislation. Alternatively, if you are referring to a loan that you had cosigned, this is now your debt, by cosigning you have verified that regardless what happens to the other party you will ensure this contract is paid in full. Therefore if your ex claims bankruptcy and is cleared from this debt, you still are fully responsible.