Was served summons after I filed!

[bbgstartingover]

[Dollar Bill]

I don't think it's as big a deal as you may think. The CU may have signed 4/22 or so, but the process server never found you until last night. After the CU gets wind of your filing they may forward it to their atty and pull the whole case out of court.

[Bandit]

What are your thoughts? What do you think will happen?

I kind of stop talking about this stuff because there is no absolute guarantee what will happen until it happens. My hunch is it will just be tossed out the window since your BK got into court first.

Another thing is they could still object to the discharge of the debt or a portion of the debt...& then that can go around that a few times...or they may just try to settle with you out of court for a percentage.


Because there is about 4 weeks there with the dates, it may very well have just crossed the wire through the mail, missing the BK notice, & they did not realize not to send a summons but had planned the suit before you filed.
Definately get with your attorney & let him read it & put the pieces together so you know your best options, but honestly, since you already filed not to worry too much & keep your chin up, that is what I would do.

Maybe you can tell us what your lawyer says when you have time. I would be interested.

[bbgstartingover]

Thanks for your replies .

I just dropped off the Summons and Complaint at my lawyer's. While I was there, he called the CU attorneys who had signed and sent the Summons and Complaint and left them a message for them to call him back. He's also going to send them a letter, as I told him I'd feel better if there was a paper trail of our communication with them. He said that even though the Complaint was signed and filed with the local court on 11/14/07 and even though the Summons was signed and dated 4/22/08, they're still in violation of the automatic stay. Not that I'm complaining, but I wonder why it took them so long to serve me once they filed the complaint in court on 11/14/07? I know I called all my creditors, as well as these same attorneys, back when I retained my lawyer in November and informed them that I was filing Ch. 7 BK, and I gave them all my lawyers name and telephone number.

Even though my lawyer is telling me not to worry, it still makes me nervous that those Complaint and Summons dates are BEFORE my Ch. 7 Filing date.

[Bandit]

it goes back to 11/14/07?

they are still in violation, I bet they dont know it yet but they will real soon.

I just find it interesting when things like this go like bumper cars & different laws bump up against each other & no one knows for sure what to do. thanks for the update, bbgstartingover.

[sisterfunkhaus]

Thanks for your replies .

I just dropped off the Summons and Complaint at my lawyer's. While I was there, he called the CU attorneys who had signed and sent the Summons and Complaint and left them a message for them to call him back. He's also going to send them a letter, as I told him I'd feel better if there was a paper trail of our communication with them. He said that even though the Complaint was signed and filed with the local court on 11/14/07 and even though the Summons was signed and dated 4/22/08, they're still in violation of the automatic stay. Not that I'm complaining, but I wonder why it took them so long to serve me once they filed the complaint in court on 11/14/07? I know I called all my creditors, as well as these same attorneys, back when I retained my lawyer in November and informed them that I was filing Ch. 7 BK, and I gave them all my lawyers name and telephone number.

Even though my lawyer is telling me not to worry, it still makes me nervous that those Complaint and Summons dates are BEFORE my Ch. 7 Filing date.

I had a judgment made on the date of my filing. My attorney told me that it is no longer collectible because of BK and that it will be discharged in BK. Someone tried to serve me after I filed and I told them that I filed BK and if he served me, he would be in violation of the stay. If you notify the server before they serve you, they legally cannot serve you (they can but they will be in violation of the stay). But, since the company has been notified of your BK it is their responsibility to stop the service. They have had ample time to stop it. They are in violation of the stay.

I wouldn't worry about judgments and what not. They are debts like any other. If someone gets a judgment against you, it is just like any other debt in BK and is not collectible post discharge (this according to my attorney who is one of the top in the state.)