Legal Question in Bankruptcy in Vermont

Cival suits

After a person has filed a petition for bankrupcy chapter7 and had a court hearing with

the trustee of the court can a creditor bring a cival suit against that person because there was no amount of the debt listed in the petition next to that creditors name.


Asked on 7/25/00, 1:49 am

1 Answer from Attorneys
Shai Oved The Law Offices of Shai Oved

Re: Civil suits

As long as your case proceeded "as usual" and you received your discharge, then the creditor has violated the automatic stay by filing a civil suit against you (and you could sue for damages including your attorney fees). If your case was dismissed, then the creditor could file a suit. If the creditor seeks to recover against property (for example on a secured debt), that civil action may be permissible. If your case was still pending, the creditor should have obtained relief from the automatic stay before filing the lawsuit.

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Answered on 9/18/00, 1:39 am


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