Legal Question in Civil Litigation in California

I filed a complaint against my former employer in state court and that action was stayed because the employer filed for bankruptcy protection. Due to the corporation's failure to file the monthly reports the bankruptcy was dismissed. Do I have to make a motion to lift the stay in state court or is it automatic once the bankruptcy is dismissed?


Asked on 1/22/10, 2:29 pm

3 Answers from Attorneys

It is not a state court stay, but rather the bankruptcy court's stay, so it was lifted upon entry of the dismissal. So to get the state court action moving again, all you should need to do is file a notice of dismissal of the bankruptcy action, with proof of service on the other parties.

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Answered on 1/27/10, 3:31 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

Depending on what the State Court actually ordered, all you probably have to do is file a notice of dismissal regarding the bankruptcy (with a copy of the dismissal order from the Bankruptcy Court and proof of service on all parties to your action). You should also request that the Court set a status conference to get your action moving forward.

Jon Reich

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Answered on 1/27/10, 3:48 pm
Deborah Skanadore Reisdorph Skanadore Reisdorph Law Offices

Depending on your county, it may be sufficient for you to submit a Declaration to the court ie. Declaration RE: Bankrutpcy Case Dismissed., and provide a copy of the bankruptcy dismissal papers for the court and the court should set the matter for a hearing.

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Answered on 1/27/10, 4:38 pm


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