Pending Civil Case Question

[FishersMike]

Okay I was served for a lawsuit for unsecured creditor back in September. Hearing date is scheduled for 12/16/10. My 341 is set for the 15th.

My question is does the County Court get notified by Bankruptcy Court that I filed Bankruptcy?

I do not want to get a default judgment on my credit if I do not need one.

On my list of creditors, I did not see that they specifically listed the court, though the pending lawsuit was in my bankruptcy where it asked about pending litigation. I do know the creditor that is suing me was listed as a creditor -- but there should have been plenty of time for them to have made an update on the court website, but nothing..... anything I can do? Do I call the court and provide the information?

Any advice would be wonderful - thanks!

[free2breathe]

No, the bankruptcy court does not contact the other courts. That is up to you or your attorney. You need to file a Suggestion of Bankruptcy at the County Court with your bankruptcy case #.

[free2breathe]

I found this sample of a Suggestion of Bankruptcy. I realize that local courts may have different forms, but if your court doesn't have a form available, this might be a good starting point for drafting your own suggestion of bankruptcy.

http://www.nazarethlegal.com/userfiles/SUGGESTION%20OF%20BANKRUTPCY.PDF

[FishersMike]

Thanks. I contacted the court clerk and they advised I can fax them the form to show I filed (Automatic Stay) and also the page from petition that shows pending litigation to them and they will update their docket. She was nice and provided fax # and everything. Made it not too difficult luckily. Thanks for your research.

[free2breathe]

Excellent! So glad it's going to be easy for you. And no problem. I love to research