Can a creditor sue me in Superior court (CA)?

[wannabreakfree]

I have found tons of useful info on this site but don't seem to be able to find an answer to this one. Hope somebody can help.

Couple weeks after filing Ch.13, I received one of those lawyers-soliciting-help letters saying that one of my creditors has filed a lawsuit against me in CA Superior court. I have not yet been served any lawsuit papers though.
So my question is - can a creditor do this? I thought that in BK, all lawsuits go through the BK court via adversary proceedings, motions and such...

[emoney]

Yes they can sue you, but they are probably in violation of the BK law. Give the papers to your attorney and get his view.
regards,
emoney

[woeisme]

If it was close to your filing date, they probably didn't know about the BK or the automatic stay when they went to court. You need to send them the info about the CH 13, your attorney might not have even sent all the paperwork out to your creditors yet. I filed in Sept and had one creditor keep sending me bills, which i ignored through December, then they sent my account to collections. I called the collections agency a few days ago, told them about the CH 13, then called the original creditor, and they said they never got my paperwork even though my lawyer sent it. Turns out, it was sent to a PO box, which is the only address we had for them, but it probably never got to the right department and put in the system since they are a medical complex that is the size of a small city. I got it faxed to the business office person who deals with BKs, and expect they'll be making a claim soon...

[Minnymouth]

Let your attorney handle this for you...... let him earn his money!!