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What Is Bankruptcy

Will Filing for Bankruptcy Stop a Lawsuit?

Posted by Thomas Denny | Jan 08, 2025 | 0 Comments

Yes, filing for bankruptcy can generally stop a lawsuit, at least temporarily. This is due to a powerful legal tool called the automatic stay.

Here's how it works:

  • Automatic Stay: When you file for bankruptcy, an automatic stay immediately goes into effect. This is a court injunction that prohibits most creditors from taking any collection actions against you, including:
    • Continuing with a lawsuit
    • Garnishing your wages
    • Repossessing your property
    • Foreclosing on your home
    • Contacting you about the debt
  • Stopping the Lawsuit: If you're being sued for a debt that is dischargeable in bankruptcy (such as credit card debt, medical bills, or personal loans), the automatic stay will halt the lawsuit proceedings. The creditor cannot continue to pursue a judgment against you while the stay is in place.
  • Exceptions: There are some exceptions to the automatic stay, meaning certain types of lawsuits may be allowed to proceed. These typically include:
    • Family law cases (divorce, child support, custody)
    • Criminal cases
    • Actions to collect certain types of debts that are not dischargeable in bankruptcy (e.g., recent taxes, child support, some student loans)
  • Lifting the Stay: In some cases, a creditor may ask the bankruptcy court to lift the automatic stay so they can continue their lawsuit. This is usually only granted if the creditor can show that they have a valid reason, such as if you are not making payments on a secured debt like a car loan.

Important Considerations:

  • Timing: Filing for bankruptcy before a judgment is entered in the lawsuit is generally more advantageous. This prevents the creditor from obtaining a judgment that could potentially be used to collect against you after the bankruptcy is over.
  • Legal Advice: It's crucial to consult with a bankruptcy attorney as soon as possible if you're facing a lawsuit. They can advise you on the best course of action and ensure your rights are protected.

In Summary:

Filing for bankruptcy can be an effective way to stop a lawsuit and gain relief from overwhelming debt. However, it's essential to understand the process, the exceptions to the automatic stay, and the potential long-term consequences of bankruptcy. Seeking legal advice is crucial to make informed decisions about your situation.

About the Author

Thomas Denny

About me,  Thomas Denny

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