Legal Question in Bankruptcy in California

Can I file Bankruptsy on a civil case lawsuit settlement?

I am being sued by someone and I dont have alot of money. She wants alot of money. If I were to lose this case, can I file bankruptsy on the lawsuit awarded to her?


Asked on 12/29/05, 10:00 pm

3 Answers from Attorneys

Mark Markus Law Office of Mark J. Markus

Re: Can I file Bankruptsy on a civil case lawsuit settlement?

Yes, but whether or not it is dischargeable will depend on what the basis of the lawsuit is (e.g. fraud, etc.)

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Answered on 12/29/05, 10:03 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Can I file Bankruptsy on a civil case lawsuit settlement?

This issue is somewhat complicated. If it arises from an auto accident, usually it can be discharged unless drunk driving was involved. Feel free to e-mail me with further details. You can also file bankruptcy in advance if you want to stop the lawsuit in its tracks. If you don't have an attorney, you might not have a very good chance of winning the civil case in court, though.

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Answered on 12/30/05, 2:38 am
Gary Fraley California Bankruptcy Attorneys

Re: Can I file Bankruptsy on a civil case lawsuit settlement?

As the other attorneys have indicated, it depends on the type of law suit you are dealing with. You should IMMEDIATELY seek good legal advise before the case goes any further. Things are even more complicated as a result of the new bankruptcy laws now in effect. I am located in Sacramento and provide a free consultation. I have been doing bankruptcy for 28 years and I am a State Bar Certified Bankruptcy Specialist. You can learn more about me at my online law office at ca-bankruptcy-attorneys.com. I look forward to answering your questions once I have the information as to your circumstances that will enable me to give you good advice

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Answered on 1/04/06, 3:01 am


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