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Can a Judge refuse someone a lawsuit settlement if they have filed bankruptcy in the past?
AprilA
Your Q is confusing and not very specific. If the lawsuit, or the injury that causes it, was incurred before the BK filing, it MUST have been included as an asset in that BK filing and therefore available to creditors. I wouldn't be too concerned with worrying that you can't get the money now, as much as your committing a fraud and criminally prosecutable thing to the Court when swearing you revealed all your assets, and especially those Qs that delve into that in the filing, and signing it as truthful, etc. That's a problem. It was something else you had to offer those you went bankrupt on and failed to pay as agreed. It wouldn't be yours anymore. Giving it to you now would be rewarding you for illegal and selfish behavior. (And if that what happened it would be almost funny in your trying to blame the Judge for not being fair or holding to the law, when he's actually giving you a break (not referring charges), and your the one that actually did exactly what your afraid others may do). Can a Judge simply say the case won't be heard, you lost or no award or such because you filed BK? Of course not.
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∙ 12y ago
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