Legal Question in Bankruptcy in California

I filled for bankruptcy ch.7. and during the automatic stay the court rulled in my civil case. Is the court in violation of bankruptcy court?


Asked on 1/19/10, 8:28 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

You should have notified opposing counsel and the civil court of your bankruptcy immediately upon filing, and listed on Schedule F the potential judgment as a contingent and unliquidated debt. If there now is a judgment against you, you can move the civil court IMMEDIATELY to set aside the judgment based upon the automatic stay about which you inadvertently failed to inform the state court. In addition, you could amend your BK petition to include the amount of the judgment, just to cover every side of the issue. Make sure to serve your moving papers and notice of bankruptcy on the creditor's attorney.

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Answered on 1/24/10, 10:48 am
Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

Yes, the Court would be in violation of the automatic stay (especially if they knew of the judgment). However, it can be set aside and the proper notice must be given.

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Answered on 1/24/10, 10:29 pm


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