If you can show that the judgment creditor caused the violation, it may strengthen your argument for keeping the claim.
Hadden said:
If you can show that the judgment creditor caused the violation, it may strengthen your argument for keeping the claim.
Great idea! That’s actually my situation.
Hadden said:
If you can show that the judgment creditor caused the violation, it may strengthen your argument for keeping the claim.
Great idea! That’s actually my situation.
Good! Then build your argument around fairness and the specific harm caused by that creditor.
Anyone else think this is a gap in the law? Civil rights cases shouldn’t be handled like other ‘assets’ in bankruptcy.
Skyler said:
Anyone else think this is a gap in the law? Civil rights cases shouldn’t be handled like other ‘assets’ in bankruptcy.
Yes, this could be an area for legislative change. Civil rights claims are personal and shouldn’t be part of a bankruptcy estate.
In practice, bankruptcy attorneys often advise holding off filing until civil suits settle if possible.
Chen said:
In practice, bankruptcy attorneys often advise holding off filing until civil suits settle if possible.
Makes sense. But isn’t that risky for people facing bankruptcy?
Chen said:
In practice, bankruptcy attorneys often advise holding off filing until civil suits settle if possible.
Makes sense. But isn’t that risky for people facing bankruptcy?
It is, but sometimes it’s the only way to preserve the claim if it’s valuable or has broader implications.