court date for lawsuit in 2 weeks

[kornellred]

If you show up in civil court, you can tell the judge that you have filed for bankruptcy - then there is no point in the court awarding a money judgment against you - the automatic stay will put an end to any efforts to collect on the judgment. If you do not show up in court (you do not have to show up in a civil suit) the creditor will obtain a default judgment. The automatic stay will still stop any efforts at collection of the debt. Once the debt is discharged, you then submit to the civil court a motion to set aside (or vacate) the judgment.

[4ever]

UPDATE- just received a letter from the people suing and it says the case is dismissed! Guess the lawyer did do something about it. That's one being burden lifted. Now I can focus my stress on the 341 meeting next month.

[free2breathe]

Congrats on the dismissal of the lawsuit! One less thing to stress about

[4ever]

Thanks! I am very relieved about this!

[Mensa1]

Your lawyer is correct here. No need to go to court because there will be NO court on Nov 17.

Since you have now filed and have a case number your Atty would have faxed that to the clerk of court and that stops that lawsuit in its tracks. The Atty for the Plaintiff, Cap One, would have also been notified by your Atty as well as Cap One being notified by the Bk court of the filing. The Atty for the plaintiff is obligated to dismiss the case; the court will want to waste NO time on a lawsuit when a Bk filing has occurred, and in fact it would be unlawful for the collection process, (lawsuit) to move forward.

Call the clerk of court tomorrow and ask them to access the case. They will tell you whether the court action on Nov 17 has been cancelled. If not, the next call is to your Atty... but I am guessing that this call to your Atty won't be necessary.