Legal Question in Bankruptcy in California

Rights after Bankruptcy has been filed

We were sued in municipal court over a dispute we had with a contract - the people suing us after postponing several times (they don't even live in the San Diego area) dismissed the case and brought it up again in small claims court and won - we declared bankruptcy in 1996 and the amount was dismissed with our bankruptcy - we are being sued again for the same exact thing through municipal court that was dismissed in bankruptcy court and feel that they are doing this just as a means of harassment - the attorney filing is married to the person who we had the dispute with so there is no real expense to them - we know that they will dismiss again after postponing several times and would like to know our rights against this constant harassment and waste of the courts time - we do not feel confident with our bankruptcy attorney - can we just contact our trustee and what can we do to prevent this suing and dismissing - our attorney suggested filing contempt charges, but this is expensive -


Asked on 10/26/99, 2:32 am

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Rights after Bankruptcy has been filed

The Trustee in your bankruptcy case has nothing to do with any of this. Your remedy is to seek contempt against them in the bankruptcy court. You should be able to recover your attorneys fees against them as well. It should be easy to defend in the municipal court as well by filing a copy of the bankruptcy schedules and discharge notice.

Read more
Answered on 10/26/99, 5:24 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in California