Q: Can a Plaintiff get a judgement in Civil Court & Federal Court against two defendants for the same amount?
I've been sued in Federal Court for funds I did not receive, which I have proven already. The Plaintiff has also filed a civil suit against the party who received the funds in a different State and won. Can they still sue me in Federal Court, BK 7 Case, despite getting a judgement for the full amount they are out from the part who received the funds?
A: Your question is a bit vague, but if you are asking whether a creditor can file a lawsuit in a chapter 7 bankruptcy in federal court even though they already sued in state court - the answer is yes. If you filed bankruptcy, creditors can file a complaint (called an adversary proceeding) requesting a determination that the debt/judgment should not be discharged in the chapter 7 case. The creditor has a deadline to file the complaint. If this is the situation, I urge you to discuss it with your bankruptcy attorney. If you filed bankruptcy without an attorney, I urge you to consult with an experienced bankruptcy attorney to discuss your options. If the complaint has been filed in the chapter 7, you have a specific deadline to file an answer.
A: Yes, this is called joint and several liability, which means the plaintiff can collect from any defendant in any proportion until paid in full.
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