Asked in Bankruptcy, Civil Litigation and Small Claims

Q: I am currently going threw bankruptcy and just received papers that some is suing me... what do I do

I was in a car accident 2 years it was rule no one at fault and im now being sued and am also going threw bankruptcy... what do I do

2 Lawyer Answers
David Earl Phillips
David Earl Phillips
Answered
  • Bankruptcy Lawyer
  • Nashville, TN

A: You need to add this creditor/lawsuit to your bankruptcy schedules. There is a $31 filing fee to add a creditor. You need to file the amended list of creditors before the case is discharged. If you do not have an attorney you might ask the clerk of court if they would show you the form to add the creditor. They can not give you legal advice but they may show you how this is handled in your court. Hope it works out. Good luck!

Stuart Nachbar
Stuart Nachbar
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Livingston, NJ

A: As the car accident was presumably before the filing of the bankruptcy, amend your schedules to include the claim against you and have it discharged in the bankruptcy, provided that there was no alcohol or drug involvement in the accident.

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