Some Expert Insight Into Lawsuits in Vancouver, Washington From Experienced Attorneys

Vancouver, Washington, located in Clark County, is a vibrant city that lies along the Columbia River. As the fourth largest city in the state, it has a thriving economy, a mix of residential and commercial properties, and an ever-growing population. However, like any other urban area, Vancouver also sees its fair share of legal disputes, including lawsuits.

If you want to successfully navigate the often rough terrain of lawsuits in Vancouver, you must familiarize yourself with some key laws often involved.

Tort law governs civil wrongs that cause harm to a person or their property. In personal injury lawsuits, it lets individuals seek compensation for harm caused by another party's negligence or intentional actions. Washington’s tort law statutes address various torts, including negligence, defamation, product liability, and premises liability.

Washington’s Consumer Protection Act, outlined in RCW 19.86, provides protections for consumers who have been harmed by unfair trade practices. The law allows you to file lawsuits against businesses that have chosen to engage in fraudulent, deceptive, or unfair practices.

Washington family law is governed by RCW Chapter 26, which covers issues related to divorce, child custody, child support, spousal support, and domestic violence. Family law attorneys in Vancouver use these statutes to represent clients in cases involving marital issues or family disputes.

Washington also has laws that protect employees, including the Washington Minimum Wage Act and the Washington Law Against Discrimination (RCW 49.60). Employees who believe their rights have been violated can file lawsuits under these laws to seek damages or reinstatement.

The outcome of any given lawsuit in Vancouver, Washington, really comes down to several different factors and whether or not the case is settled before it heads to Clark County Court. Many are often resolved through a settlement, which can be beneficial for everyone.

The consequences can prove to be pretty significant, depending on the case. Civil lawsuits, for example, can result in some severe financial damages. For those who are faced with the additional financial burden of a lawsuit, it may be worth considering bankruptcy to discharge debts and stop collection actions, including lawsuits. Bankruptcy law provides you with a way to manage debts and regain some financial stability.

If lawsuits are creating financial difficulties for you, bankruptcy may be a viable option, as it provides an opportunity to discharge your debts and alleviate the pressure you may be feeling from lawsuits and other financial obligations.

Filing for bankruptcy can trigger an "automatic stay," which halts most collection actions, including lawsuits, wage garnishments, and foreclosure proceedings.

A Vancouver bankruptcy attorney can help you understand the process of filing for bankruptcy, assess eligibility, and determine whether bankruptcy is the best option for your specific situation. They also ensure that the necessary documentation is filed and deadlines are met, helping you avoid complications down the road.

Now, there are other lawsuits you want to be familiar with that are also relevant to bankruptcy proceedings. Filing for bankruptcy, particularly Chapter 7 or Chapter 13, can trigger different types of lawsuits or legal challenges.

However, bankruptcy itself doesn’t automatically prevent all legal actions, and creditors and other parties can still initiate lawsuits. Below are some common types of lawsuits and legal actions related to bankruptcy.

An adversary proceeding is a lawsuit that happens within the bankruptcy case itself. It’s usually a separate legal action filed within the bankruptcy court by a creditor, trustee, or debtor that aims to resolve issues that may arise during the bankruptcy process.

Common types of adversary proceedings include:

• Dischargeability of Debt: Creditors may file an adversary proceeding to object to the discharge of certain debts. For example, they can file a lawsuit to prevent the debt from being eliminated if they believe your debts shouldn’t be discharged because of fraud, dishonesty, or other reasons.
• Fraudulent Transfer: Creditors or the bankruptcy trustee can file a lawsuit claiming that you transferred your assets fraudulently or with the intent to hide them from creditors before you filed for bankruptcy. If the Clark County Court finds that your assets were fraudulently transferred, they can be returned to the bankruptcy estate and used to pay off your creditors.
• Preference Actions: Creditors can also file a preference action in which they argue that you paid a particular creditor in the 90 days before filing for bankruptcy, giving the creditor an unfair advantage. If the court agrees, it may require the creditor to return the payment, which will then be distributed equally among all creditors.

In bankruptcy cases, a fraudulent conveyance refers to the transfer of property, assets, or money you (the debtor) made to another person with the intent to defraud your creditors or avoid paying those debts. These lawsuits are usually initiated by the bankruptcy trustee or creditors in the case.

In a Chapter 7 bankruptcy, your unsecured debts can be wiped out. However, certain creditors also have the right to file an objection to the discharge of some of your specific debts. The most common reasons creditors object to discharge include:

• Fraud or Misrepresentation: If the debtor made false statements or hid information on their bankruptcy petition, creditors may object to the discharge.
• Willful or Malicious Injury: If the debtor caused intentional harm or damage to a person or property, such as in cases of assault or property destruction, those debts may not be dischargeable.
• Failure to Provide Financial Documents: If the debtor fails to provide required documents or hides assets, creditors can file an objection to the discharge of their debts.

The debt being questioned might not be discharged after all if Clark County Court finds any merit at all in the creditor’s objection.

An automatic stay is put into place after a bankruptcy filing. This prevents most of your creditors from continuing their collection efforts, including lawsuits, foreclosure proceedings, and garnishments. If a creditor violates the automatic stay by attempting to collect a debt after the bankruptcy filing, you can then file a lawsuit yourself against them for damages.

These types of lawsuits may result in the following:

• Damages: You ultimately may be entitled to actual damages for the harm caused by the violation, including emotional distress or attorney’s fees.
• Punitive Damages: If the creditor's violation was willful, the court can choose to award punitive damages in addition to actual damages.

In Chapter 7 bankruptcy, a debtor may enter into a reaffirmation agreement with a creditor. This allows you to keep certain property (like a car) by continuing to make payments even though the debt would typically be discharged.

However, if you fail to follow through with the terms of the reaffirmation agreement, the creditor may file a lawsuit against you to recover the property or enforce payment. Reaffirmation agreements are legal contracts, and failure to honor them can result in a lawsuit for breach of contract.

After a bankruptcy case is closed and debts are discharged, certain creditors may attempt to collect discharged debts or continue collection efforts against you. This is known as a discharge violation, in which you can file a lawsuit to hold the creditor accountable for violating the court order of discharge.

Violations may include:

• Continued collection calls or letters
• Garnishing wages after a discharge
• Filing lawsuits after the discharge

Having a qualified bankruptcy attorney on your side is crucial when lawsuits are involved in bankruptcy proceedings, or you are concerned about lawsuits or other legal challenges in Vancouver.

Filing for bankruptcy because of debts related to previous lawsuits and challenges or because you are facing adversary proceedings and other issues can be a complicated process.

For this reason, you want to consult with a Vancouver attorney familiar with lawsuits, preference actions, and bankruptcy law compliance. Minimize your risks and maximize your financial recovery by working with one today.