Legal Question in Civil Litigation in California

I'm involved in a collection case. I'm the defendant being sued. It is a Credit Card. I'm at the end of the process of the Ch-13 Bankruptcy and BK was filed on April 2010. I was scheduled for trial for collection case. Now , I as Defendant is now indebted to Complaint for money, based on the unpaid balance due for an account for credit provided to the defendant. Then, they sent me a Notice of Status Conference and order to Appear, They scheduled me for this conference for April 2011. What does this means? Will they impose santions. What is Status Conference. Do I need to file any forms with the Court at this point ? Also a Case Management Statement was submitted by the Plaintiff scheduled me for February 2011, based on Damages on an Unpaid balance due on a Contract for an account for Credit provided to me. Damages Includ Principal + Attorney fees and Costs. Do I have to anwser? What Form do I need to sbmit. Thanks


Asked on 1/24/11, 2:10 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If the plaintiff is listed on your bankruptcy creditor's matrix, you can file a motion or an adversary complaint with the bankruptcy court for punitive damages for violation of the automatic stay. Consult the attorney who is handling your bankruptcy case. If they weren't listed on your bankruptcy schedules and creditor matrix, your bankruptcy may have been done incorrectly and you might need to file amended paperwork with the bankruptcy court. In any event as soon as you remind the plaintiff (in writing certified mail RRR) about the bankruptcy they should leave you alone. You might also have a lawsuit against them for unfair debt collection practices.

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Answered on 1/27/11, 1:53 pm
Anthony Roach Law Office of Anthony A. Roach

I don't know which is more painful to watch, people representing themselves in complex legal matters, or Mr. Stone's advice.

The automatic stay only applies to prepetition claims. It is not at all clear from your post whether the lawsuit is for a pre-bankruptcy filing claim, or a post-bankruptcy filing claim.

You need to give your opponent and the superior court where the collection action is pending notice of the bankruptcy. That will halt court proceedings, and should provide the collection agency with notice of the bankruptcy.

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Answered on 1/28/11, 8:30 pm


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