Legal Question in Bankruptcy in Ohio

civil suit stayed or dismissed due to bankruotcy?

i am wanting to know, there is a civil suit against us and it has not yet been ruled on yet. it is a suit for moneys and the replevin of a vehicle. i know the bankrupcty will take care of both it is a 13 bankruptcy, but should the case in the civil section be dismissed or stayed? the reason i ask is i filed a motion to be dismissed due to bankruptcy filings and the other attorny filed a motion to stay proceedings?


Asked on 6/13/06, 1:32 pm

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: civil suit stayed or dismissed due to bankruotcy?

The action is governed by the automatic stay under 11 USC 362, which authorized all legal action against a debtor to be stayed during a bankruptcy proceeding. The section provides no grounds foe dismissing the civil actions. The plaintiff may file a motion for relief from the automatic stay to allow the replevin action to proceed, particularly if you do not provide sufficient security to the property's rightful owner.

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Answered on 6/14/06, 12:55 am


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