4 years ago I bankrupted a lawsuit that involved me(a co-defendant) as a partial owner of a vehicle that my then- spouse involved in an accident while uninsured. Received a letter stating I must be present in circuit court over the case. The plaintiff, A/S/O & their attorney was listed in my list of creditors & schedules. Case was discharged. (Chapter 7). Learned that the circuit court got involved after plaintiff appealed the ruling of the general sessions court.
I sent copies of my bankruptcy file to the plaintiff's attorney & the circuit court. I am planning on attending to prevent a possible default against me but I was wondering if the judge can override my discharge & continue with this case? (Its a non-jury litigation case); do I need to file a petition with the U.S. bankruptcy court to reopen my case there before I go before the circuit court judge? ( I was told that bankruptcy court & circuit court are in different jurisdictions & usually one jurisdiction will not go against the decision of another & that if the circuit court judge determines he can go after me even though the lawsuit is discharged, the bankruptcy court will not intervene to change the judge's decision). Thanks.
I sent copies of my bankruptcy file to the plaintiff's attorney & the circuit court. I am planning on attending to prevent a possible default against me but I was wondering if the judge can override my discharge & continue with this case? (Its a non-jury litigation case); do I need to file a petition with the U.S. bankruptcy court to reopen my case there before I go before the circuit court judge? ( I was told that bankruptcy court & circuit court are in different jurisdictions & usually one jurisdiction will not go against the decision of another & that if the circuit court judge determines he can go after me even though the lawsuit is discharged, the bankruptcy court will not intervene to change the judge's decision). Thanks.
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