Legal Question in Civil Rights Law in California

Filing an answer to summons

Bankruptcy filed in 09/2007. Discharge to be in 12/2007. Summons received by a creditor in 10/2007. The process of the summons criss-crossed with the filing of my bk. Does the law require that i pay to file for an answer of the summons even though that by now, the creditor, collector, lawyers, etc. Have already received a copy of my bk notice? Please advise.


Asked on 10/29/07, 1:06 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Filing an answer to summons

You file a notice of stay with the court, and attach your bankruptcy's Notice of Commencement of Case (both sides). There is no filing fee. Answer as the "debtor" and not the "defendant". Here's the link: http://www.courtinfo.ca.gov/forms/fillable/cm180.pdf.

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Answered on 10/29/07, 1:34 pm
Terry A. Nelson Nelson & Lawless

Re: Filing an answer to summons

contact your BK attorney to have him send notice of the BK to the creditor.

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Answered on 10/29/07, 3:10 pm


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