Legal Question in Bankruptcy in California

I filed for Chapter 7 due to recession. Then I find out that a former employee that I did not hire or have anything to do with has served me. I can't afford any lawyers etc. Can my bankruptcy lawyer help me in terms of telling this person that I am bankrupt?


Asked on 2/03/10, 8:08 pm

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

The lawsuit was automatically stayed when you filed BK, assuming the case is still open. Have your bankruptcy lawyer file and serve a notice of stay with whatever court you are being sued in. Have the bankruptcy lawyer amend your schedules to include this disputed claim. If it is a claim for unpaid wages or uninsured workers compensation, the debt could be declared nondischargeable. But the plaintiff would have to sue you in bankruptcy court in order for this to happen.

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Answered on 2/08/10, 8:20 pm


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