Filing and automatic staty

[bornfree2]

I have creditor who has initiated a case against me. As I understand it, the moment I file, i can present that to the other court as a motion to stay (?). That is supposed to 'stop the lawsuit in its track'. But then I read that its a 30 day thing.

So what happens after 30 days? Since the 341 meeting has to be scheduled, and then the 60 days for objections etc, what is going to happen to that case? Do things just resume as normal in the other case after the 31 day of filing?

Also do i tell the other court directly that i filed for bk? Is that something I have to pay to present to the court?

I will call the court today to get some info on this.

Maybe others have some experience on how filing affects a lawsuit already started by a creditor

[flashoflight]

Actually, you need to CALL opposing counsel and give them the case number right after you file. Make them do all of the work. Since opposing counsel opened up the can of worms by suing you, they get the responsibility of cleaning it up like filing the motion to dismiss. You'll mail this creditor just like all of the others but the phone call is needed right away. I know there is a suggestion of bankruptcy for the state court, but I think it's a waste of time.

[bornfree2]

Actually, you need to CALL opposing counsel and give them the case number right after you file. Make them do all of the work. Since opposing counsel opened up the can of worms by suing you, they get the responsibility of cleaning it up like filing the motion to dismiss. You'll mail this creditor just like all of the others but the phone call is needed right away. I know there is a suggestion of bankruptcy for the state court, but I think it's a waste of time.

If i call them, why would they move to dismiss the case? Why wouldnt they instead show up to the 341 and then object during the BK process?

what can i do to buy myself more time? I have to answer it right..im looking into what that means. But how much time does that buy? weeks? months?

It would be swell if i could push this lawsuit off for a couple months while i get myself any kind of job to meet my rent. I think once the landlord gets notification of the BK (since i owe back rent),they will start an eviction. I am month to month now after many years living here. I think they have the right to get me out within 60 days without any cause.

So top priority for me is to stay housed since after a BK, with my credit already shot, broke, and no job, i will face homelessness. Covid Covid Covid

So what can i do to buy months of time with his lawsuit

[flashoflight]

If i call them, why would they move to dismiss the case? Why wouldnt they instead show up to the 341 and then object during the BK process?

what can i do to buy myself more time? I have to answer it right..im looking into what that means. But how much time does that buy? weeks? months?

It would be swell if i could push this lawsuit off for a couple months while i get myself any kind of job to meet my rent. I think once the landlord gets notification of the BK (since i owe back rent),they will start an eviction. I am month to month now after many years living here. I think they have the right to get me out within 60 days without any cause.

So top priority for me is to stay housed since after a BK, with my credit already shot, broke, and no job, i will face homelessness. Covid Covid Covid

So what can i do to buy months of time with his lawsuit

Lawsuits must be paused completely when the automatic stay comes in. Opposing counsel can't risk something happening in state court such as some action being granted by the judge without a hearing so they will file a motion to dismiss the state court action. Trust me... they will make the lawsuit go away for you. As long as you CALL them and subsequently do the mailing properly.

In LA pre-COVID, it takes a year before you go to trial. You need to respond to the summons by filing a proper answer, proof of service, and paying the filing fee. If you have a $25k+ case, you will have to make a bona-fide attempt to settle by calling opposing counsel, file a document with the court that you tried, and attend a pre-trial hearing about 6 weeks after the answer which is mostly used to schedule trial and maybe discuss settlement. About a few weeks later, you will get a huge 8x11 mail from opposing counsel to respond to interrogatories and admissions. You must respond within 30 days or your answer will be stricken and you get the default judgment. Then you wait for your trial. By then, I hope you have found a job in anything and moved somewhere else (back to parents?).

The thing about filing BK too early is that if you do and you get sued by a new creditor, you don't have any way to stop the train. You might be able to delay it by a few months or a year and that's it.

[bornfree2]

The thing about filing BK too early is that if you do and you get sued by a new creditor, you don't have any way to stop the train. You might be able to delay it by a few months or a year and that's it.

I thought filing the BK would wipe out ALL unsecured debt as long as I list it in the filing. The other one is citi and the balance there is 30k+. I havent been sued by them yet but got some kind of settlement letter for half the amount.

So are you saying if i file for BK early next week, that citi can sue me any time along the BK process and i wont have any defense at that point because the BK was used for the first creditor who is sueing me now?

[justbroke]

You are entirely overthinking this process. Any attorney that has practiced in this type of lawsuit for more than a month, knows that unless an item is actually non-dischargeable, it is not worth pursuing. It is an entire waste of money. Even if it weren't a waste of money, it's certainly a waste of time unless the amounts are significant and they can prove actual fraud (very high bar).

No creditor can move to sue you for debt that existed prior to filing your bankruptcy unless that case is dismissed or you are barred, by the court, from filing against that specific debt.

The entire purpose of bankruptcy is finality. It is to protect you from creditors that would otherwise attempt to collect discharged or dischargeable debts. The bankruptcy judges send messages to creditors every day warning that pursuit or even continuing the pursuit of the debtor, for a dischargeable debt, is 100% unacceptable. I watched my judge award $80,000 to a debtor after Verizon called her 80 times to collect a discharged debt. The judge said that one more call and there would be 3X to 4X in punitive damages should it occur.

It's serious business. Mistakes do happen, but doing so with actual notice is almost inexcusable.

(Watched a new young attorney get admonished by the judge in the courtroom for pursuing a debt. The new attorney claimed ignorance and the judge was nice. Still awarded damages to the debtor, and told the young attorney that instead of getting a blemish on her bar record, all she had to do was to attend a monthly class delivered by the judge. It was a class for new attorneys in bankruptcy. That's the seriousness the stay and discharge injunction. As a Pro Se, I won't say that you won't have issues because you don't know the procedures, but the court does not like issues with discharged/dischargeable debt. It's the cornerstone of the entire process.)

[flashoflight]

I thought filing the BK would wipe out ALL unsecured debt as long as I list it in the filing. The other one is citi and the balance there is 30k+. I havent been sued by them yet but got some kind of settlement letter for half the amount.

So are you saying if i file for BK early next week, that citi can sue me any time along the BK process and i wont have any defense at that point because the BK was used for the first creditor who is sueing me now?

I'm talking about post-petition debt like your landlord for next month's rent, hospital bill after you file, car accident you caused which is above your liability limits etc. With the current landlord building post-petition rent arrearages, that's why I think you need to move out after you get some income flowing in then file BK.

[bornfree2]

I'm talking about post-petition debt like your landlord for next month's rent, hospital bill after you file, car accident you caused which is above your liability limits etc. With the current landlord building post-petition rent arrearages, that's why I think you need to move out after you get some income flowing in then file BK.

Yeah i understand life after BK is giving up my 'get of jail free card'. Sucks but i guess its down to playing it next week, failing at the lawsuit and getting a judgement, or somehow making massive amounts of money to pay off the debts.

There are no 'parents, family, girlfriend, etc to move back in with'. Keeping this roof over my head is top priority. If the landlord wants to retaliate by evicting me, for the mere pittance of a few thousands in back rent while they collect over $500,000 every single month, so be it. but that wont be for at least two months. 60 days of not sleeping in the car is a good thought to hold on to now...

[shipo]

I'm not sure I understand the sentiment of equating several thousand dollars in back rent versus what any given landlord may or may not take in rent per month. Think about it this way, if they're collecting a half-million per month, they probably have HUGE mortgage to pay, and if enough folks in the complex are financially challenged, it could be pretty painful for them to figure out how to make their mortgage payments.

In your situation, what is stopping you from getting a job, any job? I ask because I'm thinking if you aren't employed by the time you file, then you could end up drowning in debt soon after your discharge, but this time without the ability to file for protection for many years to come.

[bornfree2]

I'm not sure I understand the sentiment of equating several thousand dollars in back rent versus what any given landlord may or may not take in rent per month. Think about it this way, if they're collecting a half-million per month, they probably have HUGE mortgage to pay, and if enough folks in the complex are financially challenged, it could be pretty painful for them to figure out how to make their mortgage payments.

well in this case they own all the buildings actually. they are not hurting whatsoever. they gonna be fine

[shipo]

So therefore you feel it is okay to use their service (the apartment) without paying for it? If the situation was reversed, how would you feel about it?

[Ekop785]

Bornfree2, I can't advise you on this, but hang in there, my friend....

[bornfree2]

So therefore you feel it is okay to use their service (the apartment) without paying for it? If the situation was reversed, how would you feel about it?

Objection! Unsubstantiated allegation your honor!

You have zero knowledge of my actual situation and this is off topic. By this line of logic, no one should be allowed bankruptcy cause we all felt it was okay to use the lines of credit without 'paying for it'. Millions should be evicted and thrown to the streets so the landlords and banks can get every last dime owed to them. Cause thats such a great idea for a stable society and country immaright? Not like we saw the power of riots and what happens when you piss off the majority of plebs out there.

[bornfree2]

Bornfree2, I can't advise you on this, but hang in there, my friend....

thanks brother! together...the people...shall never be defeated!