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Court changed titling of lawsuit need help!

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    #16
    Originally posted by montana59451 View Post
    UPDATE! Continued 341 was concluded yesterday with no problems even though the UST was there. He just had a couple of questions related to the amendments in our schedules. Asked the TT what should I do about the lawsuit in civil court and she stated that the court had sent her a copy of it. Said we did not have to amend the schedules because she knew it was the same as the original just new plaintiff. I told her I would be filing the proof of service on all parties again she said that would suffice. I guess we are done!
    Our posts just crossed. This is good. After your discharge the discharge Motion is your gold plated reprieve and you will owe nothing. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #17
      Originally posted by AngelinaCatHub View Post
      None the less, bankruptcy is Federal Law. Your Civil law suit should be set aside by Federal Court if it is pursued and they win.

      If what you said is as so, they are plainly breaking Federal Law. If you are now pro se' on both suits write a Court Paper stating you are currently in bankruptcy 7, give the date and the docket number of your bk and a reminder that under Federal law the suit is tolled and any action after the date of filing is null and void and cannot be used in a Civil Case as any "discovery" is now taken illegally and cannot be used in a Civil Court of law.
      'Hub
      So if they want to go after the co-debtor then they have to file again against them? Can I be required to go to court to testify against the co-debtor or testify as to what the situation was?

      Why would the civil court send a copy of the change order to the TT?

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        #18
        Originally posted by montana59451 View Post
        So if they want to go after the co-debtor then they have to file again against them? Can I be required to go to court to testify against the co-debtor or testify as to what the situation was?

        Why would the civil court send a copy of the change order to the TT?
        The Civil Court just updated the case. You only have ONE case. The Trustee told you that. Just as if a Credit Card sold your debt to a CA. It is still only one debt, just another name on it. Regardless, that case WILL be dismissed or go back to the Bk Judge with your Judgment and dated paperwork if they keep harassing you. Or don't go to the hearings if they still insist your case is active and let the default Judgment occur then take it to the Feds. That case should be an AP if they insist on pursuing it. Not a Civil County case. By law your automatic stay (should have) stopped it. 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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          #19
          Originally posted by montana59451 View Post
          So if they want to go after the co-debtor then they have to file again against them? Can I be required to go to court to testify against the co-debtor or testify as to what the situation was?

          Why would the civil court send a copy of the change order to the TT?
          Oh yes you must. The automatic stay stops a suit AGAINST YOU, or of YOUR making. Not an action to make you a witness in someone else's case. 'Hub
          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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            #20
            Thanks! Will update if any further changes/actions in this matter and will post when Discharged! Should be done 6/4!

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