After a bankruptcy (Chapter 7) is discharged can someone still pursue you in civil court?
April 18, 2009 by Information About Bankruptcy
Filed under More Bankruptcy Answers
Can you answer Cocky for no reason coachs’s question about Bankruptcy?:
I had a personal guarantee on a promisary note for a business. It made no money and the equipment was broke in a month. I filed Chapter 7 and had all debts cleared. Can a person still pursue me in Civil Court?
Chapter 11 Reorganization Plan
I had a personal guarantee on a promisary note for a business. It made no money and the equipment was broke in a month. I filed Chapter 7 and had all debts cleared. Can a person still pursue me in Civil Court?
Chapter 11 Reorganization Plan
Bankruptcy Feedback: Not for personal debts if the debt was listed in the bankruptcy proceeding.
Bankruptcy Feedback: I don’t think every lender has to agree to the bankruptcy.
Bankruptcy Feedback: No if the debt was set aside by bankruptcy (meaning you included this debt in the bankruptcy) they cannot persue you in court. If they try to then go to the court and show them your bankruptcy papers…the place they had to persue it was in bankruptcy court not the magistrate.
Bankruptcy Feedback: Yes, if that person and what you owed them was not included in the bankruptcy list of creditors. Also, yes, if you, subsequent to completing the bankruptcy, pay even one penny toward a cleared debt on said list.
And, yes, anything can be pursued in court because a filing is just a filing until you fail to show up to present your side of the situation. Once you show up, argue your side and present the proof (bankruptcy judgment) that another judge cleared the debt only then will the civil court know that the filing is bogus. Without your argument and proof, the civil court will only see that you owe the debt.
I would counter-sue for time lost from work, travel costs, court costs, baby sitting costs (if applicable) and future medical and damages if anything happens to you or yours as a result of having to come to the court. (i.e. car accident, smog related illness, anxiety caused diseases, etc.)
Bankruptcy Feedback: NO!~!