Listing Possible or Potential Claims in Bankruptcy

Posted on September 29, 2009. Filed under: Uncategorized |

When filing bankruptcy, it is very, very important to tell your attorney about ANY and ALL possible or potential claims that you have or may have against anyone.  If you don’t list these claims in your bankruptcy filing, then it is quite likely that you will be prevented from pursing them later.

In a recent opinion in the Bankruptcy Court for the Western District of Kentucky, Judge Stosberg ruled that an individuals employment law claim could not be pursued by her as she did not list the potential claim in her previous bankruptcy filing, even thought she had not yet hired an attorney to pursue the claim at the time she filed bankruptcy.

For the full case:  http://www.kywb.uscourts.gov/opinions/data/03/03-2001-36066-09-14-2009-1.pdf

Always disclose all claims to your bankruptcy attorney !

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