Creditor/Court Judgement after filing

[joefromky]

Ok.. I had a civil suit against me from a creditor. Filed bankruptcy notified all parties.

Genesis (O/C Conseco finance) was notified by letter and phone calls. They told me I would not hear from them again regarding this and that the suit would be canceled. (Even listed on my credit report for this creditor that chapter 7 has been filed)

This was a few weeks back. Yesterday I get a letter from the court saying they ruled in the creditors favor.

I was under the impression I had an automatic stay on all debts/suits from creditors?

Is there someone I should call to complain about this? I have my 341 tommorow morning, should I say something to the trustee regarding this?

[freshstarter]

Ok.. I had a civil suit against me from a creditor. Filed bankruptcy notified all parties.

Did you notify the court (where this was filed)?

[joefromky]

I notified the court after I received a letter telling me that i needed to report to court on a set date. I called and they couldnt find me listed in the docket. Thats when I called the creditor and sent a notice of the 341 to them for a second time. I was told they knew about the bankruptcy and I wouldnt hear anything else about it due to the stay.

[freshstarter]

The reason I asked is that our district court required that we send something in writing to prove that we filed bk. Not sure what you would do now....

[joefromky]

Yes i replied to the court itself with a copy of the bankruptcy notice so they know about it and have it on file.

[bezoar]

Once it's done (recorded), I don't know if they can unwind the deal or not. Did you actually file a "Notice of Bankruptcy Stay" with the court? (with court clerk's stamp & date, etc.) If not, is there any way that you can prove what (& when) you sent to the court? You might go down to the courthouse and review your case just to see what documentation is there.

If you can prove it, you may have to work to vacate the judgement.

[joefromky]

I went back to the court house today and talked to a really nice woman there who filled out the proper paperwork for me even walked with me upstairs to the get form instead of just sending me alone.

I have to appear in court to set aside the judgement - (Set aside default judgement due to bankruptcy proceedings still in effect)