What to Do if You’re Sued While Filing for Bankruptcy in Texas
Can I Be Sued While Filing for Bankruptcy in Texas?
Yes — but there’s a big “but.” While it’s technically possible to be sued before your bankruptcy is officially filed or approved, Texas bankruptcy laws offer key protections once your case is in motion. That’s where knowing your rights and the timing of legal filings matters most.
If you’re searching, “What happens if I’m sued while filing for bankruptcy in Texas?” you’re likely dealing with overwhelming debt, aggressive creditors, and legal confusion. This guide breaks down what you need to know and exactly what to do next — in plain, practical English.
How Bankruptcy Protects You from Lawsuits
What’s the Best Way to Stop Creditor Lawsuits in Texas?
It starts with the automatic stay — a federal legal protection triggered the moment you file for bankruptcy.
Quick Tip: The automatic stay freezes most collection efforts, including lawsuits, wage garnishments, repossessions, and harassing phone calls.
What Is an Automatic Stay?
An automatic stay is a legal order that puts a pause on most creditor actions, including:
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Pending lawsuits
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Foreclosures
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Wage garnishments
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Bank levies
However, the timing matters. If you’re sued before you file, the lawsuit can proceed until the court is notified of your bankruptcy. Once filed, the automatic stay can stop it in its tracks.
As explained in the U.S. Courts’ Chapter 7 Bankruptcy Basics guide, the automatic stay is designed to give you immediate relief from creditor actions, providing time to reorganize your finances or eliminate debts entirely.
I’ve Already Been Sued — What Now?
What Should I Do If I’m Sued Right Before Filing Bankruptcy?
Here’s a quick checklist to follow:
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Don’t ignore the lawsuit.
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Tell your attorney immediately.
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Keep records.
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File quickly.
Pro Tip: If a creditor gets a judgment before you file, it may become a lien on your property — making things messier. Filing before that happens is usually best.
What Lawsuits Does Bankruptcy Cover?
Dischargeable Debts (can be wiped out):
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Credit card lawsuits
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Medical bills
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Payday loans
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Utility bills
Non-Dischargeable Debts (usually stay):
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Child support
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Recent taxes
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Student loans (in most cases)
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Criminal fines
Not all lawsuits are created equal, so it’s key to know which ones bankruptcy can eliminate.
Why Choose Kisch Consumer Law?
You’re not just hiring an attorney — you’re gaining a team that:
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Stops creditor lawsuits fast
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Customizes your debt relief strategy
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Defends your rights in court
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Offers free initial consultations
Kisch Consumer Law understands the high stakes and complexity of bankruptcy lawsuit cases in Texas. With a track record of defending Texans from creditor aggression, they’ll help you protect what matters most.
Learn more about how Kisch Consumer Law handles aggressive creditor lawsuits and bankruptcy filings.
Common Questions About Bankruptcy Lawsuits in Texas
FAQs
Q: What happens to a lawsuit if I file for bankruptcy in Texas?
A: The automatic stay usually halts the lawsuit immediately, unless it’s for non-dischargeable debt.
Q: Can I still be sued after filing for bankruptcy?
A: Not usually. Most creditors are barred by law once you file, unless the court grants them special permission.
Q: Can bankruptcy remove a judgment against me?
A: Sometimes — but it’s easier to avoid the judgment in the first place. That’s why timing your filing is critical.
Q: Is it too late to file bankruptcy if I’ve already been sued?
A: No. In fact, filing quickly may still stop the judgment from being enforced.
Q: Do I need an attorney to stop a lawsuit through bankruptcy?
A: Technically no, but the legal maze is hard to navigate alone. Kisch Consumer Law can simplify the process.
How Does the Bankruptcy Process Work When You’re Being Sued?
Step-by-Step Breakdown:
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Consult a Bankruptcy Attorney
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Prepare Your Filing
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File for Bankruptcy
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Notify the Court
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Attend the 341 Meeting
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Resolve Lawsuits if Needed
What Are Your Legal Protections During Bankruptcy?
You’re protected by:
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The automatic stay
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Fair Debt Collection Practices Act (FDCPA)
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Texas homestead and wildcard exemptions
Best Practice: Work with a Texas-based bankruptcy attorney who knows both federal and state protections — like Kisch Consumer Law.
Bonus Tips to Handle Creditor Lawsuits While Filing
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Don’t delay
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Stay organized
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Communicate clearly
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Avoid DIY mistakes
So, You’re Being Sued and Thinking About Bankruptcy? Let’s Talk.
Getting sued and filing for bankruptcy at the same time might feel like a worst-case scenario. But it’s also a chance to hit pause, regroup, and reset your finances — with the right support.
Kisch Consumer Law has helped countless Texans take control of their debt and shut down aggressive creditor lawsuits. You don’t have to navigate this alone.
Start building your data-driven legal strategy with Kisch Consumer Law today — because doing nothing is the only move that guarantees things get worse.