Legal Question in Bankruptcy in California
Statue of limitations for contempt of court.
I filed bankruptcy and then 2 years later the creditor sued me for a money judgement. They are in contempted of US bankruptcy code, under contempt? If so, what is the statue of limitations before i prusue my case in small claims. Thank you
1 Answer from Attorneys
Re: Statue of limitations for contempt of court.
You probably should file a "Notice of Discharge in Bankruptcy" with the court where the lawsuit is pending. Attach as an exhibit a copy of the notice of discharge. Serve a copy on the lawyer for the creditor who is suing you. If the lawyer has any saavy, she will dismiss the case. If she doesn't, then the judge should do so after a hearing.
As for violating the permanent injunction, you would have to file a motion in the BK court. But to get any penalty that's worthwhile, you would have to show that it was knowingly done and probably would have to get involved in some discovery, as well.
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