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bobintexas

bobintexas

Professor (1,341)

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Submitted 63 days ago...

msmarlex

msmarlex

Beginner (20)

If I file a claim against a comapny and an individual and the individual has recently filed bankruptcy(Ch 13), do I have to remove the individual from the claim to prevent unnecessary delays?

Filed suit against a car dealership and the owner(an individual). I just found out that the owner has filed personal bankruptcy. I understand that I probably will not be able to proceed against the individual but will this delay the process against the company?

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Answer 1 / 1 - Submitted 63 days ago...

bobintexas

bobintexas

Professor (1,341)

When the case comes before the court, the judge will dismiss the personal nut not the business. If the personal BK was filed after the lawsuit was filed, you should have been listed as a possibl;e creditor. If not the judge may slap his hand and tell him to file an amended BK or he may simply not dismiss because the guy should have known better. In a nutshell, it's up the judge.

 

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