Legal Question in Civil Litigation in Ohio

Re: Money complaint

Dear Discharged: You need only file a Notice of Discharge in the case filed against you. The Court (Judge) is under an obligation to dismiss the case, since a discharge in bankrupotcy operates to stay or dismiss all actions against you. You should consult an experienced attorney to prepare and file in your behalf as soon as possible, in order to answer timely, without a default judgment being taken against you. Here is a part of the pleading that should be prepared in detail and filed in your behalf:

"...an automatic Stay of Proceedings is in effect pursuant to Section 362 of the Bankruptcy Code. This Section provides:

(a) �petition filed under Sections 301, 302, and 303 of this title operates as a stay to all entities of:

(1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other proceeding against the debtor that was or could have been commenced before the commencement of the case under this title or to recover a claim against the debtor that arose before the commencement of the case under this title;

(2) the enforcement, against the debtor or against the property of the estate, of a judgment obtained before the commencement of the case under this title.

The debtors having been discharged on _____(date) by an Order of the Court, filed on _____(date), this action should now be immediately dismissed, with all costs to Plaintiff, and for ORDER accordingly."

Good luck.

Sincerely, J. Norman Stark, Cleveland, Ohio