Milwaukee, WI asked in Bankruptcy for Wisconsin

Q: can I file a case against a creditor in Bankruptcy court and Civil court?

I reopened my Bankruptcy case to file sanctions against a creditor for violating the discharge injunction. Can I also file a case against the same creditor for Fraud in Civil Court.

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1 Lawyer Answer
W. J. Winterstein Jr.
W. J. Winterstein Jr.
  • Bankruptcy Lawyer
  • Boyertown, PA

A: In theory, IF your sanctions and fraud claims are based in different transactions/facts, yes, you probably can initiate two separate actions.

You don't disclose any facts in your question, and those would be key to deciding which court has primary jurisdiction. It may well be better to file one Complaint, same or similar facts, in one court.

As usual, as a layman, you ask a legal question with few or none of the operative, underpinning facts.

Your best course is to consult with an experienced Indiana lawyer about your facts and your plans, and listen closely to whatever advice is given.

Timothy Denison agrees with this answer

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