Legal Question in Bankruptcy in California
I filed a Chapter 7 bankruptcy. One of my creditors filed a civil suit against me and won a monetary judgement. I included it in my bk, and he has filed a motion to lift the stay so he can proceed with the garnishment. Nothing secured, personal loan, no fraud involved. What do I need to do?
3 Answers from Attorneys
You need to make a legal reply to prevent a default. http://www.absolutebankruptcy.org
Yes, you need to file an objection to the motion, appear at the hearing and explain to the judge what the debt is for. The proper avenue for the creditor to proceed on an unsecured debt is by adversary proceeding not motion to lift the stay.
Something is very wrong with what you ares saying.
If this is a prepetition debt, then the debt will be wiped out. If it's a postpetition debt, then he does not need to obtain relief from the stay.
You should consult a lawyer.
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