If we have filed Chapter 13 and my wife now has a possible medical malpractice suit, our what is obligation to the court?

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If we have filed Chapter 13 and my wife now has a possible medical malpractice suit, our what is obligation to the court?

Do we have to notify the court of her lawsuit if she files?

Asked on April 21, 2012 under Bankruptcy Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you and your wife have already filed for a Chapter 13 bankruptcy (re-organization) where she has a possible malpractice case that has yet to be filed in state court, neither she nor you are legally obligated to advise the court of the bankruptcy trustee of the filing of the medical malpractice matter.

However, as a general rule, assuming you have a bankruptcy attorney representing you, it would not hurt for him or her to write the bankruptcy trustee about the filing of the medical malpractice action. The filing of the action is a public record and it is better to be up front about it than hide it. The filing will really have no impact on the bankruptcy.


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