Civil suit and Bankruptcy 7

[mshopeful]

My husband was served in October. We answered the complaint and thener were sent discovery. We answere the first set but received a second and ignored it knowing we were about to file bk7. He was then servred with a motion to compel and sanctions. Right after that we filed. Several weeks after, the plaintiffs attorney filed for dismissal and we thought all was well. Right about the same time as our 341 meeting sanctions were brought against my husband dispite the dismissal. I'm lost . We filed pro se but had an organization prepare the forms. What are we suppose to do to avoid these sanctions or are they inevitable. We must pay by the end of the month.

[HHM]

Unfortunately, you got caught in the Civil Procedure trap.

Even though the underlying case may be dismissed, you still violated a court order by not responding to the 2nd discovery request. That started, what in essence is, a second (different) proceeding for Contempt of Court.

Rules of procedure can vary by court as to what your next step would be; but I would try to find a way, probably a Motion to Reconsider Contempt and Sanctions, explain that you have filed a BK, etc etc. The court can do a few things with the motion; (1) if the motion goes unopposed, the court could vacate the contempt and sanctions, (2) the court could set a hearing whereby you would appear in court on your Motion.