Legal Question in Bankruptcy in California

Not served on an adversary proceeding

I reopened my bankruptcy case to include a creditor that I was unaware of who is now suing me. It was reopened on 8/7. I've heard nothing. Then today 8/31, I was wondering if they filed an adversary proceeding so I called the court. I found out they did on 8/20 but did not serve me or inform the court that they served me. Now what? Do I sit tight and wait until I'm served? Or do I go to the court get a copy of the adversary proceeding and file an answer anyway. I understand they will have to continue the case or dismiss it if I am not served by hearing date of 10/30. If I get served late, do I still have 30 days to respond? What would be their reason for not serving me?


Asked on 8/31/07, 1:46 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Not served on an adversary proceeding

If it was a creditor of whom you were unaware and it was a no-asset, Chapter 7 bankruptcy, more than likely it was an old debt and nothing more. That old debt would be discharged even though you forgot about it. However, since they filed an adversary action, then there must be more to the debt that would make it nondischargeable -- such as driving under the influence, child support, etc.

That said, it would be wise that you respond to the adversary even if not received, since you know about it. An adversary action can be served by mail. Service is deemed effective when placed in the mail -- not upon receipt. You might want to (at least) consult with a lawyer about how to defend yourself in the adversary, and whether it is, in fact, a viable adversary action.

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Answered on 8/31/07, 1:55 pm


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