Filed CH7 1/29, court trial civil suit I will lose on 2/4. Should I file dismiss

[Crassius]

I am being sued by a creditor in Virginia with trial in that matter set for 2/4. I filed BK Ch7 1/29.

The automatic stay will end this suit, but I am not sure how to notify the General District court that the stay is now in effect.

Should I file motion to dismiss?, or just a letter with a copy of the petition? I could of course just show up at trial and inform them then, but I think they would like to re-schedule that court time if they can.

Court clerk was not helpfull, legal aid hasn't returned my call.

[free2breathe]

Send or carry in a copy of your notice of bankruptcy to the court where the case is scheduled to be heard with a letter referring to that court's case number. Also send a copy of the notice to the attorney representing the creditor. Always best to send them return receipt requested, and keep the green cards that come back to you in the mail.


edited to add: I would also call the attorney representing the creditor today, since your court date is so close. If you call him, he can contact the courts as well.

[willdufauve]

what free2breathe said... you might inform the Court and the creditor with a basic information memo entitled 'Intention To Bankrupt' which informs them the notification of the bankruptcy stay is forthcoming and indicates the litigation against you should cease. do it very asap before you get a default/summary judgment and lien against you which might require a 522f.

[Crassius]

I ended up sending a letter to the court with my BK paperwork... stamped Petition and 341 notice...

I will also go to the Court at the trial time just in case....

I should call the attorney, guess I will, but don't really want to talk to them... they should have received their 341 notice by now anyway, but I guess it would be kind of me to call so they can adjust their schedule.

Thanks for the advice.

[free2breathe]

Before showing up in court, I'd call them and ask if the case is even on the docket. Once they receive the notice of bk, the judge isn't going to want that case on his docket wasting his time

[AngelinaCatHub]

You should not have had anything to do with this. If you listed this on your forms, a "suggestion of bankruptcy" would have been sent. Re scan your paperwork and amend if you have to. Your stay tolls all law suits for you and against you. This is unnecessary if your paperwork was proper. 'Hub

[Crassius]

The date I filed BK and the trial date are so close, I took it upon myself to notify the court to be sure it is off their docket. The mailings may not have time to arrive.

Everything SHOULD have been fine.... but I want to be sure... As a Pro Se, I have everything to do with everything.