Legal Question in Bankruptcy in California

Served by Creditor (2) days Prior to Filing Chptr 7

Two days prior to receiving our court papers from the Pre-paid Legal Service Aids I was served by a creditor with a court order to appear in court early next month. I kept this creditor well informed of our status. It took almost two months for this Legal Aide Svc. to complete the forms. There were other unfortunate delays as well such as choosing the type of attorney. I had actually dropped an attorney since I could not afford a $1200.00 retainer since I just retained another attorney regarding another case for $1000.00 plus $345.00 from a prior case as well. This creditor has not been paid a "dime". I had to use their check of $1500 to pay for partial rent as well as other attorney retainers/fees and filing fees, etc. Plus my husband was on workercompensation at the time. 1) Do I still go to this court date? or is this considered an automatic stay until the mtg. of creditors is held. Who do I need to call? Creditor or Court? I am representing myself so I have no attorney.


Asked on 1/11/98, 5:34 am

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

Served by Creditor 2 days prior...

If you have already filed your bankruptcy, the automatic stay covers attempts to collect on any obligations you owed on the date you filed. This obviously includes the lawsuit, so you do not need to appear. Hopefully, you scheduled that creditor and his attorney in your bankruptcy papers.

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Answered on 1/14/98, 11:19 am


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