Legal Question in Bankruptcy in California

On the second day of CA civil trial, plaintiff/cross-defendant filed Chapter 7 staying our trial. This is a personal injury case where we, the defendants/cross-complainants were bound to prevail. Do we have any rites or options?


Asked on 2/10/11, 8:35 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

You'll need to review the facts of the underlying case with an experienced bankruptcy attorney - preferrably one who works with creditor cases. You may have some rights, but it is dependent entirely on the facts of the underlying case, as well as a review of the bankruptcy pleadings the plaintiff filed. Good luck.

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Answered on 2/11/11, 9:47 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Have your personal injury attorney consult a bankruptcy attorney, but in general unless the defendants 1) had auto insurance or 2) were drunk, you could be out of luck. Do not do anything at all to proceed with your claim until you have consulted a bankruptcy attorney.

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Answered on 2/11/11, 3:04 pm


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