Served AFTER filing and BEFORE 341...What to do?

[gman]

Got served yesterday...and given the face I filed at the beginning of the month - have to assume to creditor received notice and still decided to file a case.

Why? I have no idea.

I am filing Pro Se. 341 Hearing is in 3 weeks.

Should I:

1. Ignore it?
2. Contact the civil court where I am being sued?
3. Contact the BK court?
4. Contact the Trustee?
5. Contact the office of the creditor handling the case?
6. Something else?

Thanks to all who reply.

[SunshineGal]

You'll want to send a suggestion of bk to the plaintiff's attorney and also the court where the suit was filed. It will stay all legal proceedings.

[backtoschool]

Contact the office of the creditor handling the case and give them your bk petition number and filing date. Contact the court where the lawsuit is being scheduled and do the same. Things probably just got crossed in the mail.

[tobee43]

g PLEASE!! you really ARE going to make me have to take a ride up there......

just answer the summons....also sent a quick certified letter to the serving creditor's atty's listing your filing date and docket number and advise them of your hearing date.

also, worse scenario...the VERY ALL TIME worse...they get a judgment...after your discharge you file a motion to vacate and you are good to go!!

[tobee43]

Got served yesterday...and given the face I filed at the beginning of the month - have to assume to creditor received notice and still decided to file a case.

Why? I have no idea.

I am filing Pro Se. 341 Hearing is in 3 weeks.

Should I:

1. Ignore it?
2. Contact the civil court where I am being sued?
3. Contact the BK court?
4. Contact the Trustee?
5. Contact the office of the creditor handling the case?
6. Something else?

Thanks to all who reply.

really...you are giving me chest pains...LOL!!!!!!!!!!! it will be FINE....do not worry at all.

[ccsjoe]

+1 on B2S post. Send copy of notice to creditor rep AND to court where suit was filed.

[Freddy03]

+1 on B2S post. Send copy of notice to creditor rep AND to court where suit was filed.

Ditto

Should I:

1. Ignore it? - NO
2. Contact the civil court where I am being sued? - YES
3. Contact the BK court? - NO
4. Contact the Trustee? - NO
5. Contact the office of the creditor handling the case? - YES
6. Something else? - NOPE

[SunshineGal]

A suggestion of bankruptcy is the form you'll use to send a notice to the plaintiff and the court, this link will tell you what should be included in the notice.

http://definitions.uslegal.com/s/suggestion-of-bankruptcy/

[gman]

A suggestion of bankruptcy is the form you'll use to send a notice to the plaintiff and the court, this link will tell you what should be included in the notice.

http://definitions.uslegal.com/s/sug...of-bankruptcy/

Hmmm...contacted the court where I am being sued.

No "forms" are available and they suggested I go to the county law library and do research.

Must be a simple/easy way to come up with the wording to file my "suggestion of bankruptcy" notice and not waste a few hours on research.

The clerk also told me I still need to file my answer on the summons within 30 days (but I think he is incorrect as the motion should put a hold on the case until the BK is dismissed or discharged.)

Any ideas?

[tobee43]

g....there are instructions on the back of the summons.....they will tell you where and whom to reply to.

as well as you need nothing formal...honestly.

please ......also do the certified note with your docket number etc. to the serving creditor's rep..... it's just for your records...but in case you need to vacate the judgment later on it will help you win costs....

[tobee43]

or...you can NOT answer and as long as you listed them on the petition...they would be in violation of the stay and you'd have to go to court and show the judge your bk filing etc...and it would be dismissed there...your choice...it's more time saving to just answer.

when you notify the court of your pending 341 hearing....they will respect the bk court system...really

[SunshineGal]

I would agree with you Gman, I don't think you need to file an answer providing the suggestion of bankruptcy is filed on time. Here is a link to a form you can use, or, you can type it up the same as a legal pleading, just be sure to include ALL the required information. (Case number, chapter, date, etc.)

http://ablelegalforms.com/free/suggestbk.pdf

[gman]

or...you can NOT answer and as long as you listed them on the petition...they would be in violation of the stay and you'd have to go to court and show the judge your bk filing etc...and it would be dismissed there...your choice...it's more time saving to just answer.

when you notify the court of your pending 341 hearing....they will respect the bk court system...really

Well, they were listed as a creditor.

I did take your advice and just sent out a certified letter to the lawyer/creditor. Found a really cool online way to do it for $8 - saving me a trip to the post office 10 miles away.

I think I am going to not even worry about the civil court and not answer the summons. Seems like a waste of time given the circumstances.

[tobee43]

Well, they were listed as a creditor.

I did take your advice and just sent out a certified letter to the lawyer/creditor. Found a really cool online way to do it for $8 - saving me a trip to the post office 10 miles away.

I think I am going to not even worry about the civil court and not answer the summons. Seems like a waste of time given the circumstances.

thank you.....i know it's scary...i know it's hard...but these are just statics to get you to do something like PAY them. you're way too smart for that...

if they get an illegal judgment....you'll have no problem getting it removed....and they have NO time to garnish your wages etc.

[gman]

thank you.....i know it's scary...i know it's hard...but these are just statics to get you to do something like PAY them. you're way too smart for that...

if they get an illegal judgment....you'll have no problem getting it removed....and they have NO time to garnish your wages etc.

actually not worried at all...at the point of being amused by the whole process.

plus - until i gain employment - even if by some freaky reason the civil case (illegally) proceeded - it's pretty tough to garnish NOTHING....hahaha

just making sure i dot my i's and cross my t's.