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Q: lawsuit in bankruptcy ( No Answer,   1 Comment )
Question  
Subject: lawsuit in bankruptcy
Category: Reference, Education and News > General Reference
Asked by: pannona-ga
List Price: $10.00
Posted: 09 Feb 2006 19:36 PST
Expires: 11 Mar 2006 19:36 PST
Question ID: 443936
After going through extreme hardships (cancer, surgery, job loss), I
filed Chapter 7 bankruptcy on Oct 14, 2005 (a no asset case). On Dec
28, 2005 a collection agency representing one of the credit card
companies involved, filed a claim for money against me at  the
Superior Court. A meeting with the creditors was held on Jan 17, 2006
but the trustee didn't mention anything about the lawsuit. What are my
options? Shall I leave it to default, since my case is at the
Bankruptcy Court, or do I have to file an answer at the Superior
Court? I would greatly appreciate some legal help. I cannot afford an attorney and
I am running out of time.

Request for Question Clarification by weisstho-ga on 10 Feb 2006 19:09 PST
Hello.  Did you file your bankruptcy petition with an attorney's assistance?

Are you aware of the "stay of proceedings" that comes with a bankruptcy?

I, and other GAR's, will look forward to your reply. The theory is
that no creditor may bring any lawsuit or take any actions to collect
a debt after the filing of the bankruptcy petition as the bankruptcy
proceeding in federal court serves to "stay" (or stop) all collection
proceedings. If someone knowingly proceeds in collection activities in
the face of bankruptcy, they face a federal contempt of court
proceeding.
Answer  
There is no answer at this time.

Comments  
Subject: Re: lawsuit in bankruptcy
From: joe916-ga on 10 Feb 2006 21:45 PST
 
They should know about the bankruptcy. Let them know and have proof
(registered mail of copys of your court papers). Your final relief
order should be there any day. I got mine 3 weeks ago(same type) I
filed about the same time.

weisstho-ga is correct.

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