Need to notify Chapter 13 on new pending civil suit

[SPcookies]

After I filed my chapter 13 bankruptcy, I was served papers on a civil suit. The Chapter 13 is till ongoing and is due to be discharged next year. The opposing attorney was notified of my bankruptcy and there has not been any more steps taken against me; no Motion to Lift Stay had been filed. My attorney handling the civil suit has told me that I need to have this civil suit added to my Chapter 13.

What forms need to be filed?

[kornellred]

There is no point in trying to get a judgment against a debt while in Chapter 13. The automatic stay is inviolable, and the debt will be discharged after the Chapter 13 plan is completed. Then, if there actually is a judgment, you file a motion to set aside the judgment, and the civil court has no choice but to oblige. You cannot collect on a discharged debt. Unless you are talking about a debt that was incurred during Chapter 13 or a secured creditor intent on obtaining a judgment lien - then you are pretty much out of luck.

[SPcookies]

Still a little confused

The event that the civil suit was filed on, happened after I filed Chapter 13 and of course the civil suit was filed also after I filed Chapter 13. If a judgment occurs after the bankruptcy has been dismissed, don't I need to notify the bankruptcy judge before dismissal about the civil suit so that I am protected?

[walkthaplank]

Like the above poster stated, if this event occurred after you filed, you have no protection against it. If you are able, you might be able to convert to a CH7 which would allow you to include debt incurred after your initial CH13 filing. You need to talk to your lawyer ASAP.