Can a Lawsuit for Malicious Intentional Torts (Texas) be Removed to a bankruptcy. Two defendants filed for bankruptcy.

Asked over 1 year ago - Houston, TX

Two defendants in a lawsuit for Malicious (personal injury) Intentional Torts (Texas) filed for Bankruptcy while the lawsuit is pending in State Court. A STAY is in place. A third defendant that is not in bankruptcy Removed the Case to one of the other Defendant's bankruptcy. I have filed a Motion to Remand and Abstain. Can or does the Bankruptcy Judge have any Jurisdiction over a Personal Injury Lawsuit? Defendants cannot remove to Federal District Court because all defendants did not CONSENT to Federal District court within the 30 day rule. So one of the Defendants took the case to Bankruptcy Court and is now filing a Motion to Withdraw the reference to get into Federal District Court by way of the back door.
Can a defendant use bankruptcy court to get into Federal Court?

Attorney answers (4)

  1. Gary Alan Armstrong

    Contributor Level 16


    Lawyers agree


    Answered . These are all questions your attorney should be able to answer for you.

    I am licensed only in Texas. Offering information of a general nature in response to a question is not intended to... more
  2. Christian K. Lassen II


    Contributor Level 20


    Lawyers agree

    Answered . Your lawyer should get relief from the bankruptcy court.

  3. Robert Bruce Kopelson

    Contributor Level 20


    Lawyers agree


    Answered . You need to gett he BK court to give you relief from the stay. If granted, you would then go back to State court, unless the defts can successfully remove you to Fed court on some basis. The defts may try to keep the case in Fed court by having the BK court transfer it to dist court for trial. You would need to get the case concluded, and then file a complaint in BK court to have the judgment (assuming you won) determined to be non dischargeable. You need a BK atty to help you with this matter.

  4. Stephen Neil Foster

    Contributor Level 15

    Answered . Some torts do not go away during bankruptcy. You should speak to your lawyer about the issues, they would be the only one in a position to advise you.

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