Motion For Default Judgement

[joefromky]

I filed Chapter 7 last month. And had received a Civil Summons from a creditor and had 30 days to respond. I gave them the case # and info for the bankruptcy.

Today I get a "Motion For Default Judgement" for the same creditor/bill, Saying I have failed to plead or otherwise defend.

Anyone give me some suggestions?

Our house was forclosed a few years ago and this bill is for the central air unit that was installed in the house.

[HHM]

Send the court where the action is pending an notice of your bankruptcy.

[joefromky]

When I had 30 days to respond I went downtown to the court and responded with a short letter and a copy of what the bankruptcy court gave me.

I dont see this saying anything about the bankruptcy case so im guessing they either dont know about it, or dont care.

Wouldnt they have to argue this to the bankruptcy court? and not circuit court?

[HHM]

Ok, when you say "I gave them", who is "them". The court or the creditor., and is this creditor listed on your schedule of creditors in your bankruptcy petition.

[joefromky]

I went to the district court counter and responded to the court, the courthouse filed a copy and gave me a copy.

And yes its listed on the bankruptcy.

[HHM]

Then honestly, I wouldn't worry about it.

Are you represented by an attorney in your bankruptcy (I am assuming not since you are doing all this yourself).

What you should probably do is send a copy of your Notice of 341 to the law firm who is representing this creditor.

[joefromky]

I just faxed a copy of it to the lawfirm, and plan to mail one tonight to them and another to the creditor.

[HHM]

Once the attorney's representing the creditor see that notice of 341, I imagine the whole lawsuit will just stop.

[BKnTX]

Bankrupty & court case

.

[joefromky]

I faxed the attorney that is handling the case for the creditor a copy of the 341 meeting notification, and also mailed a copy in snail-mail with delivery confirmation.

The motion of default judgement says they will make this motion to the court on sept 9th. My 341 meeting is the 20th.

Would it make any difference if they started this suit before I filed bankruptcy? I got the civil summons at the beginning of august, and filed for bankruptcy on the 15th.

I was under the impression filing of bankruptcy would have stopped this.


I guess after this, Im going to assume im going to have this creditor show up for my 341, anything I should be concerned about?

[joefromky]

I just got on the courts website and you can search the dockets by certain dates and im not listed in there.

So im a little confused here.