Legal Question in Credit and Debt Law in Maryland

Proceedings Stayed. A suggestion of Bankruptcy has been filed.

I am the Plaintiff. Defendant owes me $3000.00. It was a personal loan to what was a friend. We have a written agreement, it is valid, within stat. of lim., etc. I filed a complaint in District Court of MD for the amount of $2500.00. Trial was set. Defendant was served. Shortly after I recieved a notice from the court that stated, ''A suggestion of bankruptcy has been filed in the above case. The proceedings have been stayed.'' It has now been ten months since that time. I have revieved nothing else. I went to the court house and got the docket entries for the case. There has been no activity since the notice of bankruptcy filed.

What is my next step? Do I need to file for something? Do I need to somehow become a secured creditor? I have done hours of research for these answers, but came up short. Please Help! Thanks in advance!


Asked on 12/15/01, 1:13 pm

2 Answers from Attorneys

Daniel Press Chung & Press, P.C.

Re: Proceedings Stayed. A suggestion of Bankruptcy has been filed.

Once a bankruptcy has been filed, the case is stayed. When a bankruptcy discharge is issued, your right to collect the debt is barred. Unless the bankruptcy was dismissed (rather than discharged), you are out of luck.

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Answered on 12/15/01, 4:28 pm
Michael Worsham Michael C. Worsham, Esq.

Re: Proceedings Stayed. A suggestion of Bankruptcy has been filed.

About the only thing you can do is to track down and see if in fact a bankruptcy was really filed. There are ways you can lift the bankruptcy stay, but it is difficult and you would need a lawyer to do it.

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Answered on 12/16/01, 1:57 am


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