Both Chapter 7 and Chapter 13 bankruptcy proceedings are straightforward. While filing for bankruptcy can be an emotional time, it can bring relief after the process is over.
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But, a creditor may file a lawsuit against you following your bankruptcy filing. When this happens, you should see a Las Vegas Bankruptcy lawyer to understand your legal options. Your attorney will help you understand the following:
The Option to File Adversary Proceedings
If one of your creditors sues you while the bankruptcy process is ongoing, this means a conflict arises. You may file an adversary proceeding, so you can ask a judge to state that debt is dischargeable. For instance, you can ask the court to wipe out a debt that a bankruptcy proceeding cannot discharge.
Dealing with Collection Attempts
Once you file a bankruptcy, an automatic stay takes immediate effect. An automatic stay is meant to stop creditors from trying to collect on your debt that the bankruptcy process can discharge. But, you can still be sued during this process, as long as the petitioner asks permission from the court. For instance, you can still face a child custody lawsuit or divorce lawsuit while your bankruptcy case is active.
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Dealing with Lawsuits After a Bankruptcy Filing
Some creditors who don’t know about your bankruptcy filing may file a lawsuit against you in another court. Also, others are not aware of the rules that surround automatic stays, so they may sue you. But, once these creditors learn about your filing, they will stop their collection attempts.
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Otherwise, you can notify the court about these attempts, so it can take action.
Why You May Be Sued
Someone may sue you after you filed for bankruptcy to seek a denial of a discharge lawsuit. This can kind of lawsuit asks the court not to discharge the debt you owe. For instance, you may be sued if a trustee suspects you committed bankruptcy fraud. Often, you need a bankruptcy attorney in this situation. It is not easy to build a strong defense in this type of lawsuit. Should you fail to defend yourself, you could face harsh consequences.
How to Respond to the Complaint
When you respond to a complaint in a lawsuit during the bankruptcy process, you can file an answer or a motion to dismiss. However, this type of motion is complicated and you need to understand the law to deal with this properly. That is why you may choose to just file an answer, which involves filling out forms in court. Your lawyer can help you with this.