Legal Question in Bankruptcy in California

Is this true and what should I do

I heard that a creditor that has a lawsuit agianst you and finds out that your're filing BK will try (be sneaky) to file a default judgement on you anyway, if you don't let that court that's filing the law suit know that you're filing BK.

I hope that made sense.

How to I let the court that has the lawsuit know that I'm filing BK, so this doesn't happen and my wages are garnished.


Asked on 9/05/03, 4:02 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Is this true and what should I do

Once the bankruptcy is filed, the court automatically sends the creditor and you a notice of bankruptcy. You take a copy of the court-endorsed cover page of your bankruptcy petition and attach it to a "Notice of Bankruptcy" in pleading format, bearing the case caption and case number, and inform the court of the name of the bankruptcy, the date filed, the court in which it was filed, the type of bankruptcy, and the case number. You mail a copy to the creditor and file the original with the court. The civil court would not permit further action on the case and you can ask the bankruptcy court for monetary sanctions against the creditor for violating the injunction that bankruptcy affords the debtor.

Read more
Answered on 9/05/03, 4:53 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in California