Gruver, TX Bankruptcy Law Firms & Lawyers

It sounds as though you are a defendant in a civil case and a co-defendant filed a bankruptcy petition. If you need his testimony to prove your case, you should be able to take his deposition before trial and to subpoena him as a witness at trial. You cannot pursue him for whatever he may owe you because of the bankruptcy stay, but asking him questions under oath to prove your defense is not prohibited. If in doubt, make a motion in the Bankruptcy Court for permission to subpoena the debtor in your civil case. I hope you are represented by counsel in your case. If not, and if it is important for you to prevail in defending the case, you might want to hire a lawyer while there's still time. Hope this perspective helps.

Generally which bankruptcy depends on your overall situation. However, most people in this situation want to file a chapter 7 bankruptcy.  However, without a understanding of your over all situation it is impossible to give good advice.  You really need to visit with a bankruptcy attorney in your area.   If you provide me information on where you live, I can try to recommend someone. David @dlplegal.com      

I am not sure what your question is. But you are on the right track in that you are educating yourself about bankruptcy. Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.