' Can You Be Sued During Bankruptcy? - Robert M. Geller
CALL NOW!
FREE PHONE/VIRTUAL CONSULTATION

Can I Be Sued during Bankruptcy?

Most bankruptcies go smoothly and are the right solution for solving serious financial problems. This is especially the case for people who work with an attorney when filing their bankruptcies. Bankruptcy attorneys offer guidance and support through an unfamiliar situation. Unfortunately, there are instances in which this is not the case and if you face a lawsuit during your bankruptcy, things can get complicated.

A lawsuit brought against a person filing bankruptcy is called an adversary proceeding and if you are not already working with an attorney for your bankruptcy, hiring one if you face a lawsuit is essential. There is a variety of reasons you might be sued during your bankruptcy. Creditors have the right to sue to prevent the discharge of debts. It is also possible for a trustee to sue someone filing for bankruptcy, especially if there is suspicion of fraudulent conveyance.

What Should You Do If You are Sued during Bankruptcy?

If a lawsuit is brought against you during your bankruptcy there is no need to panic. Lawsuits in and of themselves do not mean much. You and everyone else have the right to sue anyone for any reason as long as the necessary fees are paid. A lawsuit does not mean anything will happen, but you are required to comply with court procedure if you are sued, so even nothing comes of it, it can be a major inconvenience.

Once you receive the complaint associated with the lawsuit you must respond by filing an Answer or a Motion to Dismiss. Both are common but can seem complicated if you have never gone through the process before, so the assistance of an experienced attorney is essential.

You will likely also be required to appear in court for a status conference that allows a judge to gain better understanding of the details of the case. This is also when decisions will be made about various deadlines for the lawsuit and future hearings will be scheduled.

Working with an Attorney during Bankruptcy

If you receive notice of a lawsuit in the midst of your bankruptcy and you feel concerned or frightened, you are not alone. It is a common reaction, but you do not need to worry all that much. The guidance and advice of an experienced bankruptcy attorney will help you through the process and ensure your rights are protected, regardless of the actions creditors and others take against you.

Do you have other questions about lawsuits and bankruptcy? Are you looking for assistance with your bankruptcy filing? The Law Offices of Robert M. Geller can help. Contact us at 813.254.5696 for more information.

Archive

Video Testimonials

Tampa Bankruptcy Law Blog

How Long Should I Keep My Bankruptcy Discharge Papers?

If you've successfully navigated the bankruptcy process and received your discharge papers, congratulations are in order. It's a significant milestone...
Read More

Can I Lose My House If I File for Bankruptcy

The potential loss of your house when filing for bankruptcy depends on various factors. These include the type of bankruptcy...
Read More

What Can You Write Off in Bankruptcy?

Many people filing for bankruptcy aren’t sure what debts can be discharged, or "written off," through bankruptcy. It’s important to...
Read More

How Often are Bankruptcies Denied?

Bankruptcy offers a lifeline for people drowning in debt. It provides a chance to start anew and regain financial stability....
Read More

How Much Debt Should I Have Before Considering Bankruptcy?

Dealing with overwhelming debt and financial hardship is difficult. The prospect of bankruptcy may offer a path toward relief, as...
Read More

How Long Does Chapter 7 Bankruptcy Take to Discharge?

Chapter 7 bankruptcy offers a fresh start and a path toward financial stability for people struggling with debt. But when...
Read More

Does Business Bankruptcy Affect Personal Credit?

Does Business Bankruptcy Affect Personal Credit? For entrepreneurs and business owners facing financial challenges, the prospect of business bankruptcy can...
Read More

Can I Get an Apartment After Filing for Bankruptcy?

Filing for bankruptcy often feels challenging and overwhelming. It also raises a variety of concerns. One of the most common...
Read More

Are SBA Loans Dischargeable in Bankruptcy?

Navigating the complexities of Small Business Administration (SBA) loans and bankruptcy can be a daunting task for many business owners....
Read More

How to Get Bankruptcy Off of Your Credit Report

Rebuilding financial health after bankruptcy is challenging, but that doesn’t mean filing is worth the effort. One common concern for...
Read More

Bankruptcy

For The Next 5 Days GET A FREE BOOK About Bankruptcy

Learn More

Infographics

We are A Debt Relief Agency.
We help people file for bankruptcy under the Bankruptcy Code

Pay Online Bankruptcy Courses Newsletter Subscription

Call For A Free Initial Consultation

813.254.5696

Tampa Office

Law Offices of Robert M. Geller, P.A.
807 West Azeele Street
Tampa, FL 33606
T: (813) 254-5696
T: (800) 853-7549
F: (813) 253-3405

Map And Directions

St. Petersburg Office

Law Offices of Robert M. Geller, P.A.
125 5th Street South
(Wells Fargo Financial Center)
2nd Floor, Suite G
St. Petersburg, FL 33701
T: (727) 532-3939

Map And Directions

Pasco Office

23526 State Road 54
Lutz, FL 33559
T: (813) 336-2320

Map And Directions