Many debt collection lawsuits will be stopped by the filing of bankruptcy in New York, and some will end completely with filing for bankruptcy protection under Title 11. Almost all lawsuits filed against people behind on paying their credit cards or unsecured loans will stop the moment the case is filed. The reason why is because an automatic stay prevents most creditors from continuing the lawsuit to collect a debt against a bankruptcy debtor or someone who files for bankruptcy in New York.
The automatic stay is very similar to a restraining order in that it stops your creditors from from trying to collect a debt or continuing with legal process against you. It protects the debtor until they receive a discharge from their debts, or until the creditor obtains relief from stay. The biggest factor on whether or not the lawsuit will go away forever is whether or not the debt you are being sued for is for a debt that is dischargeable in the New York bankruptcy case itself.
If you are filing for bankruptcy in New York and the debt that is the basis of the lawsuit will be written off in the bankruptcy case, there is no longer anything to fight over and the lawsuit will likely end when you get your discharge. For most standard collection lawsuits, the bankruptcy will often finish the matter.
Filing for bankruptcy is often used to put an end to collection lawsuits, and can provide relief in many other types of suits. Chapter 7 and Chapter 13 bankruptcy provide different kinds of relief, so even if a Chapter 7 won’t discharge a debt, Chapter 13 might help manage the matter and provide an affordable repayment plan, and might help reduce other debts to help the borrower repay what is required. If you are being sued, consider talking to an experienced attorney to determine if your suit is the type that will be dealt with in a bankruptcy, whether or not bankruptcy makes sense in your case and if it can provide relief and protection for you.