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Can my soon to be ex husband file a civil lawsuit against me before our bankruptcy was discharged?

San Leandro, CA |

My husband received a domestic violence charge from a dispute we had in Sept of last year. I called the police with only the intent to have them ask him to leave. The police officer saw some scratches and some bruising so they decided his was the aggressor so he was arrested. I talked to the DA and told them that I wanted to drop the charges but the DA didn't but I told her the whole fight was my fault even though he had been caught cheating on me and that is what the whole thing was about. So they dropped the charges but with aresistance. He filed the lawsuit on Dec 3 we were not discharged from our bankruptcy until Dec 31. So him filing the lawsuit is that legal because we were in active bankruptcy?

Sorry I wasn't clear he filed a lawsuit against me for all his bail fees and his lawyers fees even though I was the person the domestic was against and I helped get the charges dropped.

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Attorney answers 2


So this happened after you filed bankruptcy? Then your spouse is the owner of any damages he might receive from this lawsuit. If the incident happened before you filed bankruptcy, any damages received through the lawsuit belongs to the bankruptcy estate, unless exempted on Schedule C. Hope this perspective helps!

Mikalah Liviakis

Mikalah Liviakis


Chapter 7 or chapter 13? Was lawsuit against you or the police department?


Chapter 7 or chapter 13? Was lawsuit against you or the police department?



We filed chapter 7 and the lawsuit is against me for his lawyer fee and bail fees

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