Legal Question in Bankruptcy in New York

Bankruptcy

Hello. My question is this. I filed bankruptcy and was also involved in a medical malpractice lawsuit. One of the questions on my lawsuit was have I filed bankruptcy? When I answered yes the bankruptcy was then tied into my lawsuit. I paid my creditors listed in my bankruptcy. Is it still considered bankruptcy since my debtors were paid? Your attention to this matte is appreciated


Asked on 6/29/07, 9:39 am

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: Bankruptcy

Filing the bankruptcy petition in the bankruptcy court created what you're calling "a bankruptcy," but was the bankruptcy case still pending when the creditors got paid, and what happened after the creditors got paid? Did you voluntarily withdraw your bankruptcy petition? Or, in the alternative, was the petition dismissed by the court? If either of those is the case, then the bankruptcy filing is still of record, but the case ended without your debts being discharged, so it's as if the filing hadn't happened.

If, on the other hand, the bankruptcy case was discharged -- the court issued an order telling your creditors that they cannot pursue any collection actions on the listed debts and the case was closed -- then the bankruptcy case is a bankruptcy case, regardless of whether you have subsequently paid the creditors off.

Hope this helps.

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Answered on 7/02/07, 11:14 am


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