Unrelated ongoing civil suit

December 14th, 2013 by Questions

I am plaintiff in a civil legal matter (non debt related) in which I am seeking a monetary settlement; pretrial questioning expected April 2014.

I see no alternative, at this time, to filing for bankruptcy.

If I file for bankruptcy and my case moves forward as anticipated (that being, eventually I win and am paid ‘X’ amount of $$) if and when that $$ is paid to me does it, somehow, become part of monies I would then have to pay to any outstanding debtors?

There is no connection between my civil suit and financial debt of any kind.

Thank you

Posted from: Alberta


One Response to “Unrelated ongoing civil suit”

, A licensed trustee said:

When you file for bankruptcy all lawsuits in which you are involved are stayed (stopped) – it doesn’t matter if someone is suing you or you are suing someone – they are stopped.

If you are suing someone, your interest in the lawsuit is assigned to your creditors when you file for bankruptcy. Your creditors may decide to continue the lawsuit, but you no longer have a right to do so.

You should talk to your lawyer BEFORE you decide to file for bankruptcy as it will likely put an end to your lawsuit.

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