Do I have liability post bankruptcy when sued by a minor who was allegedly injured prior to bankruptcy but has just reached majority and can now sue.

I am the defendant in a lead paint case relating to property owned and included in my bankruptcy filing 10 years ago. The plaintiff has recently reached majority and has brought suit alleging lead paint poisoning prior to the bankruptcy. Can I have the case dismissed under summary judgment?

Asked on June 4, 2009 under Bankruptcy Law, Maryland

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Generally, a claim of this sort is dischargeable in bankruptcy.  However, here the claim was not filed until the injured party attained the age of majority (which is legally allowed), years after the bankruptcy had been discharged. 

So the question is, does an intervening bankruptcy wipe out a claim for a personal injury suffered prior to bankruptcy but validly filed after discharge?  Upon analysis, if the claim had been filed at the time of the injury it would have been dischargeable; therefore it would appear that the injured party can have no current claim against you.  I believe that the case can be dismissed under summary judgement.

You need, however, to consult with a bankruptcy attorney since I do not specialize in this area of the law; there may be a specific statute governing a case such as this of which I am unaware.


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