Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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after discharge is lawsuit barred?

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  • after discharge is lawsuit barred?

    So if I was being sued ..not by a debt collector but by my HOA for supposedly interfering with their damaging my property by cutting trees and such...and if I counter sued for damages, after discharge can they pursue their case for unliquidated damages or is it forever barred?

    There case had no merit, but they are the 'big boys' and you know how that goes incourt. I still want to pursue my claim, or settle for the damages done.

  • #2
    Your case is 'tolled' or stopped dead in it's tracks for the duration of your BK. Neither of you can do anything until after the BK is Discharged. That is the 'stock' answer for right now. To answer more explicitly, I would have to know more details.
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."


    • #3
      Here is more info for you but more info is appreciated. To amend to Mrs. C, the lawsuit is tolled (stopped). If you have listed the lawsuit, and it is not finished, your lawyer would put a one dollar value on it as a "place saver". If your case is dismissed, they can pick up right on. If you listed it and are discharged, it is also discharged but your attempt to come back upon them is also voided. If they make it an AP, then that is a bigger problem, it is a separate law suit outside yet attache to your bk. The Federal Court would try it, and you must petition to get it put back into the Civil Court with a possible "Stipulation" that if you lose, the debt is not discharged. If they do not do an AP, and you get discharged, you are free and clear of all debt pre filed. Any debt collected after your filing, you do owe.

      I hope that is clear. Any Civil suit can only be for money for damages, nothing more. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.


      • #4
        I was discharged ....but are you sure that my counterclaim is also void? It wsa for personal injury and both lawsuit and counter wereincluded on my bkforms.
        It would be unfair it seems for lawsuitsthat I have filedto be voided by my filing for bk.


        • #5
          Originally posted by CoBelle View Post
          I was discharged ....but are you sure that my counterclaim is also void? It wsa for personal injury and both lawsuit and counter wereincluded on my bkforms.
          It would be unfair it seems for lawsuitsthat I have filedto be voided by my filing for bk.
          No, that is NOT what we are saying. We are saying that both your lawsuit, and the other Party's lawsuit was 'tolled' or 'stopped' while your BK was in progress. In other words, they are in 'Suspended Animation.' Once the BK is Discharged--and I would wait until it is closed, you can crank up the gears on your lawsuit again. So can the other Party.

          But if I remember reading some of your other posts correctly, you have not filed yet? Or maybe just filed? If you haven't filed yet, then we are talking hypothetical scenarios here and nothing has happened yet.
          Last edited by AngelinaCat; 02-23-2011, 10:20 AM.
          "To go bravely forward is to invite a miracle."

          "Worry is the darkroom where negatives are formed."


          • #6
            Its hard to keep all of us and what we are doing straight isn't it?
            Me: i filed a 13 which was dismissed, disqualified; I filed a 7 and was discharged.
            Law suit from 2008...claim/counterclaim. I listed the claimants as a 'debt' (i think)
            So if I have no assets, and if they were listed, then their illiquidated debt is discharged even though it might not be awarded until after teh discharge? Too late for an AP tho the wouldn't fileanyway..they are more concerned that my suit against them will cost them money..they dont really have a lawsuit against me for anything...didn't ask for money.


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