can the plaintiff attorney do this

[ruttie]

I filed for bk 7 on 4-7-11. Just received a letter today from attorney for citi, they sent anotice stating that they filed this cause of action prior to defendant having sought relief of bk. the arbitration hearing is scheduled for 7-17, I thought this would be covered under the bk7? it has not been awarded a judgement yet. can they contact me like this and is this covered under the bk.

[justbroke]

It depends. If you filed pro se, you are the attorney of record and they can contact the attorney in the BK case! Second, they are blowing smoke. Unless the other case is for fraud, then they have no cause for relief from the automatic stay. I'm assuming that this was a motion for relief from the automatic stay (RFS) or a letter "threatening" such. (If you filed through an attorney, contact your attorney about what they are going to do.)

In any event, it is highly likely that nothing will happen with this; it's all smoke. If you are pro se, then you need to file an objection (opposition) to the motion. If you filed through an attorney, they will file an opposition (objection) on the grounds that the debt is "otherwise" dischargeable. -- if it is.

[ruttie]

I do have an attorney and I forwarded them this notice. The debt is for credit card & they plaintiff(citibank) attorney has been a baracuda from day one. They filed a complaint & I responded, it went on & on at which time I had to get an attorney to file. There was an arbitration date set, and in the meantime I had all my funds together and the time was right for filing. why would they contact me. "comes now the undersigned councel for plaintiff & hereby gives notice that the above defendant(s) filed for bk 7 protection. plaintiff filed this cause of action prior to defendants having sought such relief" This is not even directed to our attorney, just us & the arbitrator.

[justbroke]

It's always directed at you since you are the debtor; your attorney is not the debtor. I think it's bogus and the plaintiff's attorney doesn't understand bankruptcy. Your attorney should be able to quash this quite easily. A creditor can only be granted an RFS is the debt is otherwise non-dischargeable, or the proceedings in the non-bankruptcy court are not within the bankruptcy court's jurisdiction (and that's VERY few things).

A run of the mill credit card debt is dischargeable. Just relax until your attorney reads the motion.

[roberto1959]

I am fighting a ud case and have filed Bk 7 to get more time to save money to find another place. They have filed Motion for Relief From Automatic Stay or Order confirming that the Automatic Stay does not apply
I am pro se and would like to know where I can get some info on how to file an objection (opposition) to the motion.

[btbeme]

I am fighting a ud case and have filed Bk 7 to get more time to save money to find another place. They have filed Motion for Relief From Automatic Stay or Order confirming that the Automatic Stay does not apply
I am pro se and would like to know where I can get some info on how to file an objection (opposition) to the motion.

I did a quick Google search and came up with several examples from other forums.

[justbroke]

I am fighting a ud case and have filed Bk 7 to get more time to save money to find another place. They have filed Motion for Relief From Automatic Stay or Order confirming that the Automatic Stay does not apply
I am pro se and would like to know where I can get some info on how to file an objection (opposition) to the motion.

By "ud" you mean Unlawful Detainer... as in your being evicted? If so, the Bankruptcy court is VERY favorable to landlords. Additionally, if you were in the process of being evicted, there are very special things you should have done on Schedule 1 of the petition.

You can look up some things online, but there's no "proscribed" form for an objection when it comes to a Pro Se litigant. The problem you would have is did you follow the bankruptcy process for curing an eviction action.

In other words, they will likely win. The bankruptcy code has a process for this so that it is most expeditious for landlords for the specific reason that you posted; to keep debtors from using bankruptcy filings to delay an eviction.

[HHM]

Does the landlord already have a judgment of eviction or unlawful detainer, if so, you have no defense, if the judgment has already been entered, the automatic stay has no effect, Section 362(b)(22).

In general, all they have to show is that you defaulted on your obligation to pay rent, they will win the auto stay. Also, filing an objection does not extend the time, the Motion will be heard on the date set regardless.