Legal Question in Civil Litigation in California

In a California civil case does the plaintiff have to show up for a hearing on the status of the defendant's chapter 7 bankruptcy? If plaintiff has not shown for two of these hearings is it grounds for dismissal?


Asked on 2/20/13, 8:33 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

It depends how the particular department operates. The plaintiff may be able to submit a written report on bankruptcy status which would satisfy the court. Also, sometimes a plaintiff might dismiss the case if it's simply for an unpaid debt that might be discharged in a couple of months in a chapter 7 bankruptcy. Check the case docket to see if that has occurred.

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Answered on 2/20/13, 8:39 am
Anthony Roach Law Office of Anthony A. Roach

State courts shouldn't really be doing anything other than monitoring the status of a bankruptcy, because the bankruptcy acts as a stay unless the plaintiff has sought relief from the stay in bankruptcy court.

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Answered on 2/20/13, 9:05 am


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