My husband and I filed bankruptcy on 7/16/09 and we received a summons today 8/14 (it was filed in court 6/29). Aren't we protected under bankruptcy laws? What happens now?
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If the summons is for a debt, yes you are. Just mail or answer the summons. YOU MUST answer this in any case.
If this summons is for something other than debt, that is another issue. Traffic or domestic, or stuff like that is not covered. 'HubIf I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010. -
Yes it is for debt. Why am I getting this after I have filed bankruptcy?Comment
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Was the creditor that is suing you listed in the bankruptcy? If so, what happens now is that your attorney notifies the creditor by certified mail of your bk. Then, if they continue pursuing you, he sues their a$$es for violating the stay.Originally posted by sherrenee View Post
If the creditor wasn't listed, you attorney will amend your schedules to add them.Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.Comment
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I wouldn't bother to answer. Just file a suggestion of bankruptcy in the court issuing the summons. That will stop the proceedings in their tracks and obviate the need to file an answer.Originally posted by AngelinaCatHub View PostPay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.Comment
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Yes they were listed (it is Discover). The info was originally sent to one Attorney/Collection agency but a different Attorney filed suit. Is this a problem? Shouldn't Discover have notified that Attorney? How will this effect our case? We go to court September 21 for the meeting of creditors.Originally posted by MSbklawyer View PostComment
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No, it's not a problem. More likely, it's just an oversight.Originally posted by sherrenee View Post
Yes, Discover should have notified that attorney, but apparently they didn't. Giant corporations like the Discover Network are notoriously slow about things. All it will take is for somebody to put this attorney on notice and 99 times out of 100 that will be the end of it.
If you have an attorney, just tell your attorney about the summons. He will pick up the phone and call the attorney who is suing you (who is probably his drinking / golfing / fishing / hunting buddy) and tell him that he is going to sue the pants off Discover if they don't back off. They will both have a good chuckle and then the attorney that is suing you will call his client (Discover) and tell them that you are in BK and that he cannot proceed further.
That'll be the end of it, usually.Last edited by MSbklawyer; 08-14-2009, 04:26 PM.Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.Comment
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