Legal Question in Bankruptcy in California

I had a bankruptcy (Chap 7) discharged in April 2010. Part of my bankruptcy included a judgment. I understood that the judgment was discharged. However, I contact the superior court where the judgment was filed and they said they have no record of my discharge paperwork. So now I need to file a Notice of Stay according to the courts. What is a Notice of Stay (what's the form number), why do I need it, and can the plaintiff in the judgment still come after me beyond the bankruptcy discharge?


Asked on 1/14/11, 8:40 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If you listed the plaintiff as a creditor in the BK, you need do nothing. If the plaintiff were to come after you, again assuming that either you listed them in the BK or they had actual notice of the BK filing, you would have the right to sue them in BK court for violating the discharge injunction.

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Answered on 1/19/11, 9:15 pm


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