Legal Question in Bankruptcy in Florida

I have filed a Chapter 7. The case involves a non-secured credit union loan. A judgment was approved by the court in the District Court of Maryland for Baltimore City. I sent in a form to Vacate the judgment stating I filed Chapter 7 bankruptcy. I received "Plaintiff Opposition to Defendant's Motion to Defendant's Motion to Vacate Judgment," from the attorney representing the credit union.
Do I need to answer the motion to vacate judgment? I live in Florida.

Asked on 9/02/14, 1:49 am

2 Answers from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

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Your question requires a more thorough review of the situation. First you should speak with your bankruptcy attorney for more clarification. If you filed the CH 7 pro-se then you should probably reconsider hiring an attorney to assist you.

When did you file the CH 7? has the CH 7 been discharged? Was the debt related to the lawsuit incurred before or after you filed? Did you file a "Suggestion of Bankruptcy" in the state court action? Did you include the debt and lawsuit in your Bankruptcy Filing? If you are actively in the CH.7 there should be no court proceedings for any case without issuance of a "Relief from Stay" by the bankruptcy court. If your bankruptcy case is still active and you did not include the debt and lawsuit then you will probably need to amend your filings to include this and any other creditor that may have been left out of the original filing.

In any event, you should consult with a lawyer to go over more details of your case.

Answered on 9/02/14, 6:06 am

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