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What if you are sued for something that happened before bankruptcy?

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    What if you are sued for something that happened before bankruptcy?

    Could anyone address this hypothetical?

    Let's say there was a storm and a two trees fell on two neighbors' fences.

    Neighbor A complained to you about $1,000 in damages that he wanted you to pay, but you said you would pay when you can, but didn't have the money right now.

    Neighbor B had similar damages, but said nothing, fixed the fence himself and seemed cool about everything.

    Neighbor A got tired of waiting, took you to small claims court and got a $1,000 judgement.

    Thirty days later you filed bankruptcy and had the judgement removed.

    After a few weeks Neighbor B began to complain about the fence and that he assumed you were going to pay him, and now he wants $1,000 to cover his repair costs.

    Does the bankruptcy filing protect you from action by Neighbor B?

    #2
    I believe that you would need to include it in your filing to be safe. At your 341 the trustee will ask if anyone could sue you. Your answer in this case would be yes since you already had been sued by one neighbor.
    Case Closed > 2/08/2010

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      #3
      I made a post before about this and couldn't find it.

      I previously got in trouble for sending unsolicited faxes. It was just one complaint, but cost $2,000. It's unlikely, but I could get a complaint or two after I file. Would I share with the trustee that I sent unsolicited faxes and that complaints and possible fines could happen?

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        #4
        Does bankruptcy wipe out fines, like traffic fines?

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          #5
          Criminal fines, restitution is typically excluded like student loans and taxes
          Filed Chapter 7 08/06/09, unsecured debt of $109,000
          341 Meeting 09/09/09
          Discharged 11/12/09
          Closed 12/14/09

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            #6
            Is a traffic ticket consider a "criminal fine"?

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              #7
              Originally posted by brokenomore View Post
              Is a traffic ticket consider a "criminal fine"?

              Given that the only way you would get a traffic ticket is if you are violating the law, I would venture to say yes, they are criminal fines.

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                #8
                I think depending up the state, minor infractions would be considered civil and not criminal.

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