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    #1

    Lawsuits

    If yu were hit with a lawsuit prior to filing for BK, do you still have to show up in court now that you have filed?

    We have a suit that was filed against us last May and the trial date is in June. Now that we have filed do we have to go to court? We answered it pro se and have no attorney. All parties involved have been notified by the BK Court.
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    #2
    The filing of your bk stays the lawsuit, generally speaking. But there are some exceptions for certain kinds of suits listed in 11 USC 362(b). What kind of suit is it? In any event, as a courtesy to the court and the other parties, you should file and serve a suggestion of bankruptcy.
    Last edited by MSbklawyer; 03-07-2010, 05:29 AM.
    Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

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      #3
      A civil suit relating to our business (LLC and we are personal guarantee) we filed response when we were first served last year. Now just awaiting trial in June. Plaintiffs have been notified and their attorney also. Should we also notify the court or will the lawyer for the Plaintiffs just drop the case?

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        #4
        Originally posted by montana59451 View Post
        A civil suit relating to our business (LLC and we are personal guarantee) we filed response when we were first served last year. Now just awaiting trial in June. Plaintiffs have been notified and their attorney also. Should we also notify the court or will the lawyer for the Plaintiffs just drop the case?
        Yes, you should notify the court of your bankruptcy in any case. But what is the suit about? Depending on the nature of it, it may or may not be stayed by your bankruptcy. There are some types of suits that bankruptcy doesn't stay. http://www.law.cornell.edu/uscode/11...2----000-.html

        What happens to the suit turns on whether the suit is stayed and whether the debt is dischargeable. If the suit is not stayed, nothing happens to it. It proceeds uninterrupted. If the debt is not dischargeable, the plaintiff's attorney can get a lift stay order and proceed with the lawsuit.

        Not enough information.
        Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

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          #5
          It is definately dischargable. I will notify the court on Monday.

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