Court changed titling of lawsuit need help!

[montana59451]

The original suit was already listed on our schedules

[montana59451]

No, the equipment dealer did not file a countersuit. It appears that they must have paid the original creditor (which they were responsible to have done 2 years ago but didn't and then denied responsibility). At that point the court allowed them to become the plaintiff (and got rid of original creditor) under the same suit.

Paperwork is going to the BK court to reflect the amendment to this suit (as it is the same case #) but I am not amending my schedules unless the TT instructs me to. I am filing a statement and proof of service (which all involved parties already were served including the court).

[Mensa1]

The equipment deal must have cross claimed you in the lawsuit, therein becoming effectively a Plaintiff as far as you are concerned. This action would explain exactly what has happened here.

Relative to your Bk filing, you should have already named the existence of the suit on Form B7, question 4: Suits and Administrative proceedings. If not you should mention the suit to TT and amend your filing; (after obtaining legal advice, because I am not a lawyer).

[montana59451]

Thoughts anyone?

[montana59451]

On friday we received a court order relating to a case which was included in our bankruptcy. There were 2 sets of defendants ourselves and an equipment dealer. The equipment dealer must have paid the original creditor and the Court then allowed the equipment dealer was allowed to become the Plaintiff. They DID NOT change the case number. Now I have a creditor who was not a creditor prior to filing on 2/25/10, BUT the case # is the same and the amount is also the same. The district court had received my Suggestion of Bankruptcy. Do I need to amend my filing? The amount owed to the original creditor is the same, we just did not include the other defendant as they had nothing to do with the case. the case had just been filed about a month prior to us filing. What do i need to do? We have our continued 341 meeting tomorrow....do I need to tell the trustee...or what am I supposed to do? We filed Pro Se.