Search results
This decision reinforces the need for plaintiffs to make a decision at the time of pleading whether to allege facts which, if proved, could establish a debt or liability that would survive the defendant’s discharge from bankruptcy under section 178 (1) (d) or (e) of the BIA.
Dec 5, 2019 · Unfortunately, there are too many occasions where a defendant in an action declares bankruptcy, which results in a stay on proceedings and basically the plaintiff is left without options. But what happens when it is the plaintiff that files for bankruptcy?
Apr 28, 2021 · A debtor whose discharge is not opposed by the Office of the Superintendent of Bankruptcy (OSB), the LIT or a creditor, and who has not refused or neglected to receive counselling, is automatically discharged after 9, 21, 24 or 36 months, depending on whether it is a first or second bankruptcy.
Receipt of a Statement of Claim: The process begins when you receive a legal document known as a statement of claim from a creditor or an attorney. Court Decision: If you fail to respond to this document or lose your defense in court, a judgment is awarded to the plaintiff.
If you are the plaintiff, you can shorten a trial by discontinuing an action against a defendant. You can discontinue for any reason, but often plaintiffs discontinue when the defendant: Is not capable of paying a judgment – that is, they might be bankrupt or live elsewhere, and it would be too expensive to try to collect on your judgment
Nov 20, 2023 · Deciding if and when to file for bankruptcy is a major financial decision that must be made carefully. You might consider bankruptcy if you: Have overwhelming unsecured debt (if your credit cards and loan debts are so high that you cannot realistically repay them)
People also ask
When should a plaintiff make a decision in a bankruptcy case?
What happens if a defendant does not defend a bankruptcy case?
What happens if a defendant declares bankruptcy?
How does a bankruptcy case affect a lawsuit?
Does filing bankruptcy stop a lawsuit against a debtor?
Is the plaintiff still a bankrupt?
First, it must be determined if the debtor (the person filing for or contemplating filing for bankruptcy) is the plaintiff, i.e., the person bringing the lawsuit or the defendant, i.e., the person being sued. This is very important in the bankruptcy context.
