Will filing for bankruptcy stop a lawsuit?
In Oklahoma, filing for bankruptcy will not necessarily stop a lawsuit. Bankruptcy is a legal process that provides individuals or businesses relief from their debt. It can discharge some of the debts a person or business owes and provide protection from creditors. However, a bankruptcy filing does not automatically stop a lawsuit. Depending on the type of lawsuit and the timing of the bankruptcy filing, the lawsuit can move forward, even if the debtor (the one filing for bankruptcy) has received a discharge of the debt that is part of the lawsuit. If a creditor files a lawsuit against the debtor prior to the debtor filing for bankruptcy, the lawsuit will generally continue even if the debtor has filed for bankruptcy. In this situation, the debtor must respond to the lawsuit, as failure to do so can result in default judgment and wage garnishment. However, if the debtor files for bankruptcy prior to the creditor filing a lawsuit, the filing of the bankruptcy can stop the lawsuit. In this case, the bankruptcy filing would be considered an automatic stay of the lawsuit, meaning the creditor is prohibited from taking any further action in the lawsuit until the bankruptcy court decides how to handle the debt. Furthermore, the bankruptcy court may decide that the debt does not need to be paid after reviewing the information the debtor has provided. In conclusion, filing for bankruptcy in Oklahoma does not automatically stop a lawsuit. Depending on when the bankruptcy filing is done in relation to the lawsuit, the lawsuit may still be able to move forward. However, if the debtor files for bankruptcy prior to the creditor filing a lawsuit, the bankruptcy filing can be an automatic stay of the lawsuit and the debt may not need to be paid.
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