Filed Chapter 7 - need to stop collection suit

[maxobk]

I've been sued by Capital One a few months ago to which I've filed an answer with various defenses, etc. to gain some time. The case management was set for April 5, so I rushed last week and ended up filing for Chapter 7 on Friday. The court accepted the filing giving me a stamp on the duplicate copy. I have faxed proof of filing to the attorneys who sued me on behalf of Capital One.
It look like as of today, the court set a trial date for May 6 even though none of the attorneys (or me) showed up for case management. Doesn't the bank's attorneys have to terminate by filling for dismissal or do I have to file something to stop this lawsuit?

[HHM]

YOU need to notice the court of the BK. Also, the case won't be "dismissed" upon the mere filing of the BK, it will merely be put on hold. Not until you receive your BK discharge will the case be dismissed.

[maxobk]

Thanks for the response. What is the proper way to notify the court that the BK had been filed? Is there a particular form or something. Does the plaintiff has to be "served" as well?

[HHM]

Call the court clerk at the courthouse where you were sued, then can tell you what you need to do.

[chriss7532]

I just went through this. I had a lawyer who was suing me for contempt for Bank of America. I got so many different responses on how to officially let the court know that it was ridiculous. I called the attorney's office and they said that the case was being dismissed due to the fact that I was filing BK. Well when I called the courthouse they didn't have any record of it. So I went to the court date anyway just to cover my butt. They called my name and the judge asked me if I was filing for BK and I told him yes. He then told me that my case was being dismissed due to the fact that its jurisdiction is now held in the BK court. I brought my Meeting of Creditors paperwork with me as proof that I was actually filing. Hope this helps =) Don't forget that you need to notify the Plantiff as well as the Court. It may work for you to just bring in the paperwork and show it to the court clerk, but because of all the confusion showing up to the court date was the best way for me.

[maxobk]

chriss7532 Thanks for the input. I've filed a doc called "Notice of Bankruptcy Case Filing" that the BK Court gave me, together with proof of service that it was mailed to the attorneys at Capital One. The next thing I noticed on the case summery that Capital One filed for dismissal, which was granted and is the status of the case now.

[MsNeLaw]

Suggestion in Bankruptcy

The name of the pleading you need to file is called a Suggestion in Bankruptcy. It basically notifies the Court that has jurisdiction in your lawsuit that you are filing and invokes the automatic stay until your case is discharged. Then the lawsuit must be dismissed.

I've had creditors refuse to dismiss the suit and they let it sit there until the Court kicks it for failure to progress. That means it sits on your credit for a full year.

Pretty vindictive, huh?