Being sued

If there is already a suit against me, will filing for bankruptcy make that suit nul and void?

One Response to “Being sued”

Barton Goth – Goth & Company Inc. -Trustee in Bankruptcy said...

There are two parts of this that become important.

First the person suing you. Most law suits are extinguished when you file a bankruptcy. Meaning, unless there are special circumstances (i.e.fraud, misappropriation of funds, intentional bodily harm, wrongful death or sexual assault) then the bankruptcy stops any legal action against you.

The second part of this you have already alluded to, if you do file a bankruptcy you will lose the right to take or continue any legal action. This is a right that will vest with the trustee.

The important thing is to make sure that you meet with a local trustee
, have them review the nature of the lawsuit and then they can advise you if this is a lawsuit that you can be protected from by filing a bankruptcy.