Q: can you sue someone who is filing for bankruptcy and if so how does the bankruptcy filing affect you ability to collect.
A: There are limited reasons for which one may sue someone in bankruptcy. It is an expensive process and the results are not always successful. In order to sue in bankruptcy one must file an adversarial proceeding within the parameters of both reasons and time restrictions. If one is successful in an adversarial proceeding that debt is excluded from the bankruptcy discharge. Then once the case is over one would have to pursue the case in the proper civil court.
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