Sunday, 13 April 2014

In the state of Georgia will filing Chapter 13 bankruptcy halt a lawsuit brought by one private party against another private party?

Question

In the state of Georgia will filing Chapter 13 bankruptcy halt a lawsuit brought by one private party against another private party?



Answer

Maybe and maybe not depending on a great deal of information you failed to give us:

1. Is this a 1st or successive 13 filing?

2. Has the Bankruptcy Court lifted its stay?

Bankruptcy stops many but not every type suit.



Answer

Assuming that this is your first bankruptcy, the filing of the bankruptcy entitles you to an automatic stay. This means that any ongoing litigation is halted and is handled in the bankruptcy courts or else is stayed until completion of the bankruptcy (depends on what it is). I would speak to a bankruptcy attorney and make sure that he/she knows about the lawsuit.



No comments:

Post a Comment