Served Summons by Chase/Filed Chap 7

[hlynn]

My attorney filed Chapter 7 for me on August 31st. My 341 Hearing is slated for 9/27/10.

Chase shows up on my doorstep on 9/9/2010 with a summons to appear in court on 9/22/10. (The summons is dated Filed 8/13/10. I didn't get it delivered until 9/9.)

My question is, do I have to show up for the 9/22/10 Chase summons?

I'm really stressing that my attorney, who I've paid good money to, is not returning phone calls, emails or faxes as to what I should do. I faxed him a copy of the summons today.

Help! Thank you. =)

[Freddy03]

You might want to call the clerks office and tell them you have already filed BK and give the case number.

I have some ongoing court cases and I called the county clerk and she said that when I actually do file to fax over a letter to the judge letting him know I have filed and give the case number. So I wouldn't have to attend my next hearing.

Good Luck!

[catleg]

You really should not have to do anything. Now that you have notified Chase of your bankruptcy, it is up to them to suspend any legal proceedings. If they proceed it is a violation of the automatic stay.

I had a number of active lawsuits against me when I filed and I didn't lift a finger to stop any of them.

I am kind of curious that you could be served and not receive time to answer based on the date served and not the date filed. Sounds a little fishy. What state is this you're in?

I sort of think the act of service in itself may be a stay violation. You should make your BK attorney aware of this.

[IBroke]

Yeah, Chase is a pain. On September 24th, my birthday, they scheduled a deposition at 1 PM. I'm going to file for CH7 the same day, in the morning. My attorney files electronically and is going to have the case-# available right away. Oh boy, attending that deposition will be fun. I know I don't have to but I actually WANT to show up. As soon as they let me know that "this is an attempt to collect a debt" I'm going to blow the case-# into their face, telling them that I reserve the right to sue if they decide to continue the deposition...

[tcreegan]

Hi all, I am leaning catleg's way...sounds like a stay violation or a potential stay violation. The service pre-dating the BK filing would make it not a violation, knowingly serving it post-filing would be a stay violation. Not suspending the case sounds like a stay violation you could go to court and get damages (your time to go to the court, appear), and legal fees. Judges generally seem to be pretty consistent on the side of the debtor, some folks have collected nice amounts of damages.

Just a few thoughts,

Tom in Colo

ps: remember to document everything!

[JacaG]

Did Chase know you were planning on filing BK? Just wondering...I don't want anyone on our doorstep. We did tell all of our creditors several months ago that we were filing,haven't heard anything from them since.

[hlynn]

Heard from attorney today via email

I'm in the great state of Illinois.

Shame on me for thinking bad about my attorney, apparently he's done his work. After faxing over the summons, I received the following reply in email today:

I received your fax regarding the summons in the Chase Bank USA lawsuit. You do NOT need to appear at the hearing. I will be sending notice to Chase of the bankruptcy. It should already have received notice from the Court since it was listed in Schedule F of your documents. You do not need to do anything. Thank you.

Not only that, he sent a letter to my new legal friends at Chase telling them that they cease all actions and demand that they move to vacate. (God, I love it when he demands things.)

But yeah, I thought it was weird that all of paperwork and summons were dated "Filed August 13th," but some slacky in shorts and a dirty tee showed up at my door step on 9/9 with it. And what's even odder was that I didn't have to sign receipt or anything. Was fishy to me. And makes me look over my shoulder for Chase hit men at night.

Thanks for letting me vent here. This forum has been a blessing

Onward!

--H

[hlynn]

No, they did not know I was fililng. I didn't have the paperwork ready to go until 8/24 (filed 8/31) and their summons was dated 8/13

[ryan]

I'm in the great state of Illinois.


But yeah, I thought it was weird that all of paperwork and summons were dated "Filed August 13th," but some slacky in shorts and a dirty tee showed up at my door step on 9/9 with it. And what's even odder was that I didn't have to sign receipt or anything. Was fishy to me. And makes me look over my shoulder for Chase hit men at night.

In Illinois you don;t have to sign anything for a summons to be served legally. It can even be dropped right on the ground in front of you and be considered lawful service.