Ongoing Civil Case: Must file Bankruptcy...What's the best timing? now or after judgment? Thank you.?
I am currently being sued in civil court, and have no money for an attorney, the case has gone on for a year now in federal court, and have basically lost my business because of all the time I've put into defending myself from something I did not do, and am being "lawyered" to death by 6 lawyers. Because of all this, even if I "would easily win" if I could afford an attorney, I will have to file bankruptcy (chapter 7 for me). Therefore, relating to an ONGOING CIVIL case and a need to file BANKRUPTCY, here's my QUESTIONS if you would please use the same numbering system to answer them so I can keep track (thanks thanks thanks): I would LOVE it if filing the bankruptcy would END the case so I could go on with my life, find another job, build another company etc. I read a lot of yahoo answers and one said “If they haven't gotten judgment against you … then your bankruptcy filing can and will stop the case.”, but I need to be sure. 1) is there any ADVANTAGE to me in filing bankruptcy BEFORE the judgment (now is preferred so that I can go on with my life which has been destroyed)?.... and what will opposition do if they know I’ve filed for bankruptcy? Will they attempt to continue the case when they know the bankruptcy will go thru? If so, why would they continue the case? 2) Since I’m going to be filing In advance" of the judgement, can I "claim" the "injuries" they haven't yet enumerated " ...on my petition for bankruptcy? …or do I just “list the case” and say “amount pending”? THANKS. I know about the "automatic stay" (keeps creditors (I currently have NONE and a perfect credit score I’ve worked hard to build all my life) from coming after you etc). 3) After I file for bankruptcy (I know it takes so many months to go thru), these additional related questions, thanks: 3a) what happens to the current civil case? 3b) what do i tell the judge? Do i have to tell the judge or just inform the other side? 3c) will i still have to finish the case (expected one more year of my life)? 3d) if we're currently in discovery, will it / can it stop discovery / subpoenas etc? 3e) ....or...does it just “suspend” the case until the b/k procedings are over? ...or does the case just continue on in real-time? Thanks so much for answering all of these "sub-parts" to my 'compound" question. :) They're really important to my life and my families lives. Ryan K, That was totally useless. I can't believe you actually answered 195 other people. You're a joke.
Asked By: Thank you - 7/21/2009
Best Answer - Chosen by Asker
Filing bankruptcy does not stop a civil case from proceeding. In fact, the bankruptcy court and federal court are two different jurisdictions that have little to do with the other... More
Answered By: Tracey Seth - 7/21/2009
Additional Answers (1)
You're getting lost in your own analytical mind.
Answered By: Ryan K - 7/21/2009
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