Will a Lawsuit from Prior Real Estate Transaction Go Away?

[MikeyG123]

Hi Everyone,

I have been a defendant in a civil lawsuit for non-disclosure of defects for my condo that I sold back in 2006. The plaintiff is dragging it out as long as possible to see if the developer settles with the HOA before he proceeds with me. My attorney has stated that he thinks that the Realtors E&O insurance will pay for the majority of a settlement to make this thing go away, but I would most likely still have to chip in around $5K.

The buyer is a very wealthy man and will fight to keep me involved as a matter of principle (and to continue making my life miserable). If I file Ch. 7, will this finally go away for good?

By the way, I'm in Florida if that matters.

Thanks for any info that you can offer.

[MikeyG123]

Will a Lawsuit from Prior Real Estate Transaction Go Away?

I accidentally posted this in the wrong section. It was meant for here in Ch. 7. Sorry if you read this twice.

Hi Everyone,

I have been a defendant in a civil lawsuit for non-disclosure of defects for my condo that I sold back in 2006. The plaintiff is dragging it out as long as possible to see if the developer settles with the HOA before he proceeds with me. My attorney has stated that he thinks that the Realtors E&O insurance will pay for the majority of a settlement to make this thing go away, but I would most likely still have to chip in around $5K.

The buyer is a very wealthy man and will fight to keep me involved as a matter of principle (and to continue making my life miserable). If I file Ch. 7, will this finally go away for good?

By the way, I'm in Florida if that matters.

Thanks for any info that you can offer.

[JRScott]

If he's willing to fight you and has money they might try an AP against you. Basically you'd need to mention this situation to lawyers you consult and get their take.

[SleepWellNow]

Maybe I'm missing something here but if the plaintiff has not gotten a judgement against you, what are you hoping to get discharged through a BK? I don't think they can remove you as a defendant in a future lawsuit.

[JRScott]

It depends on the nature of the filing Sleep.

In many cases he could absolve the debt and thus make himself immune, however if the plaintiff is claiming fraud or other such activities led to it then it could survive bankruptcy. That's why if the guy is wealthy he'd probably go the AP route so he'll need a lawyer prepared to fight that.

[AngelinaCatHub]

Expert Here

OK, I'm the expert on THIS one.

We have been in suit with a jerk millionaire since 2003. We bked and the suit was tolled without action for two years.

The Court failed to dismiss for non prosecution on it's own. On the 59th day of my sixty club, he made an AP as a copy of the very same suit. The Judge ordered a four hour trial, for a suit six years old with thousands of pages and scores of witnesses now some dead.

Under an AP if pro se, you have a right to talk to the opposing attorney as long as it was not about the case. However, the attorney did not like his client either and did what I hoped he would do. We agreed to not discharge if the trial is kicked back to State Court where it is and should be. So, the AP was abated until the results of the suit in State Court. Well that was now more than a year ago. Both are still open and if I attempt to ask the Court to dismiss the State Suit, he is mean enough to pursue it. He NEVER wanted to complete it, only milk me dry which he has and is a prime reason for my bk.

On April fools day, an appropriate day, he had a massive coronary, emergency open chest quad bypass, and lost use of both kidneys. I also believe he had some stroke issue as Public Records show a Durable P.O.A. now for him. I'm just waiting for Karma to finish her job.

I'm not saying I wish that Atheistic bastar' death, but I'm not obligated to mourn. 'Hub

[helpmeout]

From what I have read, judgments that are based on fraudulant acts (and not disclosing known defects of property that you are selling is fraud) cannot be dismissed by a bankruptcy action. This is a question to ask your attorney, though.

[music12]

i'm sure he is a bastar' regardless of his being atheistic or not. many atheists are perfectly fine human beings.

[AngelinaCatHub]

i'm sure he is a bastar' regardless of his being atheistic or not. many atheists are perfectly fine human beings.

Yes I am sure you are correct. Not to demean atheists. Only bastars'.

you have to know this whole story, he was vehemently anti Christian, and he Publicly demeaned many people. We had a local blog and he outed many private things not proper to do. It is a bit convoluted to tell so little but it would take a book. It just hit me in the similarities of what we went through and what the OP is facing. He only believed in "Karma" and on that blog, after my big "C" he counted days of my life and condemned me to death (in his eyes) I believe Karma is the belief of, "what goes around, comes around." It did for him. 'Hub

[AngelinaCat]

The lawsuit can be 'tolled' or 'stayed' for the duration of the time you are in BK, whether the period of months for a C7, or the years involved with a C13.

Now during that time, the plaintiff can file an Adversary Proceeding against you while you are in BK. It is a mini-lawsuit that is attached to but seperate from your BK, to keep your perceived debt to him from being dishcarged. And if there is alleged fraud involved, it falls under the BK Code Title 11, 523. Here is a link for the information that Cornell Law School has online:

http://www.law.cornell.edu/uscode/11/523.html

You have my very best wishes!

[AngelinaCat]

I have merged the two threads, so there may be a little duplication of efforts.

[AngelinaCat]

I need to add to my prior post. If the plaintiff does persue an AP against you, Mikey, this will cost over and above whatever fees you are charged by your attorney for filing for BK. It is a seperate matter, and most attorneys will have you sign a seperate contract to defend against this.

You need to schedule some free consultations with several attorneys and discuss this possibility with them. As you have already read in 'Hub's rather flamboyant posts, we had a very similar situation hanging over our heads.

Good wishes to you, and I wish you a Healing New Year!

[SleepWellNow]

Wow...learned something new here. This forum has great contributors.