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issues with my bankruptcey

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First.. Thank you for all the help I have gotten previously... it has been awesome..

second.. let me say that i AM going to file a bankruptcy... i have 2 many debts related from failed business.. it is inevitable..

3rd.. let me say.. the reason i do not file immediately is because i am trying to service secured debts (car, furniture etc.. ) 2 months owing before done. also saving the money for the bankruptcy is difficult as well.. but will be done shortly..

so my question is this..

i have been served from 1 creditor which has called my hand.. i have answered..

I have been served with

1. request for admissions

2. request to produce

3. notice of service of interrogatories

if I answer these notices and request POD from them as described by legaleagle.. (14 points thank you) back on them... the big question is

when I file my BK does this case go away.. or can I leave myself open to litigation from my filiings/answers etc..

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when I file my BK does this case go away.. or can I leave myself open to litigation from my filiings/answers etc..

That depends. Once the plaintiff learns of your bankruptcy, he may elect to dismiss the complaint.

On the other hand, he (or you) may file a Notice of Suggestion of Bankruptcy with the court, in which case the lawsuit would be stayed until your discharge.

Some attorneys file the notice because it is very common for a debtor file BK in an attempt to shed creditors. If counsel files the notice, and the BK is subsequently dismissed, he can take up where he left off.

In any event, you need to continue to litigate the case up to the point where you actually file bankruptcy.

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BK stays all legal proceedings against you until the debt is either discharged or not discharged. Creditors can petition to have their debt taken out of the mix, but they have to have a valid reason, like fraudulent activity. Some people run up all their credit cards to the max and then file BK a week later, thinking they'll get away with it. This is where it can get expensive for the person filing BK. As for secured creditors, if you can afford to keep paying them and do not want to have the collateral taken, leave them out of the discharge. I am pretty sure you can do that. Maybe you could just file BK for the business, depending on what the debts are, etc. You need a BK lawyer, "don't try this at home." This is federal, you want it done the right way.

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so if I am to understand correctly..the BK stays all proceedings.. and after the bk the plaintiff is free to continue the proceedings. (assuming debts etc owed to them are no discharged)..

My main concern is that by continuing until the bk.. I am leaving myself open to some litigation that the bk will not discharge(assuming it does discharge the debt i am disputing)


I guess the answer is if the BK discharges debt from x creditor.. does the lawsuit etc.. from x creditor and all filings pertaining to x creditor go away?


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