Bank sues LLC using Personal Debtor?

[FranksMom]

Hi all....! Great forum- been lurking for a while, and was hoping that someone could help me out.

I have an active LLC in good standing that is being sued for an unsecured loan. I am in active Ch 13, still waiting for plan confirmation. I noticed that I was personally named on the suit as a guarantor of the loan, which I had found out about coincidentally, by running a search online. I contacted the atty handling the creditor's case, and advised him that I was in active BK and that he could not collect or file a suit against me. He was well aware of this fact, as he had already assisted another creditor in violating the stay in another matter in my Ch 13. (Judge ordered turnover, adversary is pending). To make a long story short, I just received service of this lawsuit ("alternative method of service" was granted) on my HOME door, as opposed to my statutory address for the business. I think this atty may be using the information he already knows from the turnover hearing. To clarify, I have declared PERSONAL not business BK (ch. 13). I am absolutely named, by personal name in this lawsuit.

I do NOT have an attorney, and am unable to obtain one at this time. I could use any feedback or suggestions you can give me.

Any thoughts? Help someone! This atty is BEYOND difficult...

[rrockinggramma]

amend your petition and make sure this creitor is listed as well as the attorney etc

[FranksMom]

Amending Petition

Hi there, Thanks for replying. The creditor and their attorney are listed and noticed. The attorney is doing this because we are pro se and has been trying to push us around since the commencement of our BK. I just wanted to check and see if the attorney was indeed "wrong" so that I could pursue an adversary action if needed. Any thoughts?

[rrockinggramma]

If you have already filed and they are listed, then you need to notify the trustee that they are in violation of the auto stay