Legal Question in Bankruptcy in Maryland

Pending Court Case

One of my creditors is sueing me in court for credit card debt I owe them. I received a summons for a pending court case in Maryland District Court. If I file Chapter 7 bankruptcy, will it dismiss the court case or would I still have to attend.


Asked on 6/20/07, 11:13 pm

2 Answers from Attorneys
Alton Drew Alton Drew, LLC

Re: Pending Court Case

If you file a Chapter 7 petition, an automatic stay is granted on debt collection activities. I would advise that you also attend the trial and file a motion in the district court case that the case be dismissed because you have filed for bankruptcy. This way the court is made aware of your filing and you have covered all bases. Feel free to contact me or any other attorney for additional help with your filing.

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Answered on 6/21/07, 4:32 am
Daniel Press Chung & Press, P.C.

Re: Pending Court Case

Once you file bankruptcy, you file a "Suggestion of Bankruptcy" wherever lawsuits are pending (and serve the plaintiff), and that requires the plaintiff and court to stop all proceedings. The case is technically stayed, not dismissed, in case your bankruptcy ends without a discharge (normally unlikely).

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Answered on 6/21/07, 7:38 am


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