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?
1 Answer from Attorneys
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.
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