Legal Question in Bankruptcy in California

Not sure what to do?

Can I be sued in small claims court for a personal loan, if I have filed bankruptcy? It was borrowed from an ex, who opened a credit card in her name. It was a no interest card. I have paid the original amount borrowed, but now she wants me to pay the interest, because she apparently could not transfer it to another no interest card.


Asked on 3/20/05, 10:24 pm

2 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Not sure what to do?

If the claim arose before filing the bankruptcy, it is likely dischargeable. If she sues you, you can give the court notice of your bankruptcy filing.

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Answered on 3/21/05, 12:00 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Not sure what to do?

I suspect you have filed bankruptcy. No debts are collectable, and most debts are discharged when the bankruptcy is completed. If there is a suit while you're in bankruptcy, send a notice to the court with the bankruptcy court-generated Notice of Bankruptcy. That should stop the lawsuit in its tracks. Make sure to serve a copy on the person suing you, and have the court return a stamped copy to you.

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Answered on 3/21/05, 1:56 am


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