Bankruptcy and civil suit


#1

I’m restating an earlier question.

1)Can ex file lawsuit against paramour for alienation of affection, if paramour is in bankruptcy (I believe ex can file, but want to double check)?
2) I’ve read that a bankruptcy status will result in the inability for the ex to collect . In fact, I believe that a stay will be granted. Therefore, does that mean that the paramour has no risk of having to pay against any AA suits?

thks for your time!!


#2

Yes, bankruptcy proceedings are not a shield to alienation suits.

Even through bankruptcy a judgement can be issued. It is not a pre-existing debt and the bankruptcy court does not have the power to discharge the judgment.


#3

Thank you Erin…

The ‘pre-existing debt’ is something I was not aware of. I know that the bankruptcy filing is supposed to report all debt so that creditors are notified. The suit is not filed, but the ‘threat’ of a suit has been stated. So should there be something in the bankruptcy claim stating that a suit ‘could’ happen?

This AA suit is unforseeable and can’t be disclosed as a pre-existing debt. So wouldn’t that paramour’s attn just respond with notification of bankruptcy status and the suit result in a ‘stay’? Reason being that the aledged offense occured prior to the bankruptcy filing? Also, how could ex collect if paramour is bankruptcy?

Other issue: Proof of happy marriage is a plaintiff requirement. I had a separation agreement drawn up 1 year prior to meeting paramour. Would that provide proof that the marriage was not happy?

Not to be argumentative…just looking for clarity and opinion. THanks!


#4

A judgement on a future lawsuit that may or may not be filed at some point in the future is not a pre-existing debt ( existing before bankruptcy proceedings are initiated).

The bankruptcy has nothing to do with whether or not someone files suit, unless the decide within their discretion is not worth going after someone who is judgment proof.

In some cases these cases move forward simply because the plaintiff feels that “someone needs to pay” which is why they are sometimes referred to as “spite suits”. In other words the aggrieved spouse simply wishes to pursue an action to put the paramour through the stress.