being sued while in bankruptcy, chapter 13

[PBL]

What is the name of your state? louisiana
i am going through bankruptcy, chapter 13 right now, can someone sue me and my son for personal injuries with a civil suit. am i proctected by the bankruptcy law, or can i be sued? and what procedures do i follow to stop this from happening?

 

[racer72]

Yes, you can be sued while under chapter 13 protection. There is nothing you can do to stop it. If you lose, just add the debt to your BK petition.

 

[PBL]

Yes, you can be sued while under chapter 13 protection. There is nothing you can do to stop it. If you lose, just add the debt to your BK petition.

Will this cause problems for me?? Ex. objections, discharged or re-confirmed?

 

[PBL]

would a civil suit be considered as an unsecured creditor?

 

[racer72]

The person suing you will not become a creditor till a judgement against you is granted. At that time you can either deal with the person outside of your bankruptcy or include them in the bankruptcy. If you lose the civil suit and the amount warrants, you may wish to convert your chapter 13 to a chapter 7.

You should tell the person suing you that you are currently have an active chapter 13 petition and will consider converting to a chapter 7 if they are successful with their lawsuit. This can help you in a couple of ways. The person may realize that even if they win in court, they may not be able to collect anything or just a portion of the amount awarded. And they will not be able to garnish any wages or attach property either. I would suggest a letter from an attorney to this person and their attorney. It very well could be enough to stop the lawsuit in it's tracks.

 

[PBL]

The person suing you will not become a creditor till a judgement against you is granted. At that time you can either deal with the person outside of your bankruptcy or include them in the bankruptcy. If you lose the civil suit and the amount warrants, you may wish to convert your chapter 13 to a chapter 7.

You should tell the person suing you that you are currently have an active chapter 13 petition and will consider converting to a chapter 7 if they are successful with their lawsuit. This can help you in a couple of ways. The person may realize that even if they win in court, they may not be able to collect anything or just a portion of the amount awarded. And they will not be able to garnish any wages or attach property either. I would suggest a letter from an attorney to this person and their attorney. It very well could be enough to stop the lawsuit in it's tracks.

what about a court order for restitution and medical expenses to the victim, under a criminal matter (2nd degree battery) can any of this be added to chapter 13 bankruptcy? i'm confused with restitution and medical expenses. i thought that medical expenses were covered under restitution? does this fall under the same category or is restitution part of the probation fees?


should i contact my bankruptcy attorney now about the civil suit or wait until this matter goes to court.