Legal Question in Business Law in California

Judgment /Chapter 7/ Civil Mgt. Hearing

A party sued and won a judgment in SD Superior Court. (I live in NC and the party is CA) Since the court ruling I have had to file Chapter 7. So the party did receive notice of this. Since my filing I just recvd a document from the SD court in regard to a hearing scheduled next month - a Civil Case Mgt Hearing. From what I can tell this type of case usually happens before a case goes to trial - in hopes of avoiding court. My question is - why would a hearing be scheduled now - after they won the judgment and after I have filed Chapter 7? I assume it has something to do with filing Chapter 7, but I also thought the filing put things like this on hold. My 341 meeting is next week - even though there is no merit for this party to dispute the filing - I have a feeling they will. I am a small business owner whose business is failing hence the Chapter 7 filing - so any insight is greatly appreciated. Thanks a lot.


Asked on 8/13/08, 11:24 am

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Judgment /Chapter 7/ Civil Mgt. Hearing

Someone probably made a mistake - your best approach might be to phone the plaintiff's attorney or the plaintiff himself if self-represented and ask for an explanation. Calling the clerk of the court MIGHT be helpful but often court clerks are not in a position to provide interpretive details. Case Management Hearings are probably routine conferences to expedite cases through the court and avoid backlogs and languishing cases, but also are used to keep the parties talking about settlement, to encourage or require ADR such as mediation, etc.

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Answered on 8/13/08, 12:41 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Judgment /Chapter 7/ Civil Mgt. Hearing

You should immediately file with the San Diego court a Notice of Stay of Proceedings, found at http://www.courtinfo.ca.gov/forms/fillable/cm180.pdf , attach to it a copy of your Notice of Commencement of (BK) Case, and a proof of service filled out by a friend: http://www.courtinfo.ca.gov/forms/fillable/pos030.pdf . The instructions are on the second page which does not need to be attached. That will alert the court that there is a BK.

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Answered on 8/13/08, 12:59 pm


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