What happens in bankruptcy if I have a potential lawsuit for money?
1 minute read • Upsolve is a nonprofit tool that helps you file bankruptcy for free. Think TurboTax for bankruptcy. Get free education, customer support, and community. Featured in Forbes 4x and funded by institutions like Harvard University so we'll never ask you for a credit card. Explore our free tool
This depends: Are you being sued or the one suing someone else? If you file bankruptcy a lawsuit against you is stopped. If it's your lawsuit, your trustee'll decide.
Written by Attorney Jonathan Petts.
Updated October 20, 2020
This depends on whether you are suing someone else, or whether someone is suing you.
If someone is suing you for money, there is a good chance that the lawsuit will be delayed or even dismissed once you file bankruptcy. After all -- once your debts are wiped clean by your bankruptcy, you will no longer owe most lenders anything. No debt = no lawsuit. Make sure that you tell the judge and, if possible, the other party's attorney once you file bankruptcy so that the case is handled appropriately.
If you are suing someone else for money, any money that person is required to pay you (called "damages") can be seized by the trustee. The trustee will probably not take small amounts of damages or larger damages that you are not likely to receive. Regardless, you need to list all pending lawsuits you are involved in, as well as any potential damages you may receive, on your bankruptcy paperwork.
