Legal Question in Bankruptcy in California

Will judge cont trial if adversary plaintiff in criminal case re: stay violation

I am the (pro se) defendent in an adversary case.

Will a bankruptcy judge continue a trial date, for two weeks, upon motion or otherwise, if the plaintiff in the pending adversary procedure is going to trial in a criminal case in city court resulting from violating of the automatic stay (gross misdemeanor) in the aforementioned bankruptcy prior to filing an adversary case?

That is, the plaintiff threatened the defendent with bodily harm, in front of witnesses, if he continued with his chapt 7.

Plaintiff is being prosecuted and the trial date for the criminal case is scheduled for one week after the adversary case, by coincidence. Would it be advantageous to get the adversary case postponed until after the results of the criminal trial?


Asked on 5/05/09, 12:49 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Will judge cont trial if adversary plaintiff in criminal case re: stay violation

Unless the criminal prosecution is related directly to your case, I find it unlikely that a judge would continue the AP trial to wait for the outcome of the criminal case. The issue is relevance - how is the Plaintiff's behavior in a different case relevant to the AP you are defending? I can't, based upon the facts you provided, see any relevance if they are two different cases. You can certainly try to obtain a continuance, however, without the Plaintiff's consent (which I assume s/he is not likely to give), I don't see a bankruptcy court judge getting real excited about continuing the trial date.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 5/05/09, 12:14 pm


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