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After filing - Creditor notifications

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    After filing - Creditor notifications

    I have a lawsuit from a creditor that was underway before I filed chapter 7. There is no judgement, just a motion for judgment which has not been heard by the judge yet.

    So, will the BK court automatically send notice to the judge on the case, or should I send it to the clerk or something?

    Thanks

    #2
    Originally posted by itsdavetime View Post
    I have a lawsuit from a creditor that was underway before I filed chapter 7. There is no judgement, just a motion for judgment which has not been heard by the judge yet.

    So, will the BK court automatically send notice to the judge on the case, or should I send it to the clerk or something?

    Thanks
    Unless you specified on your bk mailing list that the court should get a copy of the bankruptcy notice I don't know how the court could know about it. If it was me I would call the clerk and ask if you should bring in (or fax) your bk filing.

    Also, the creditor would have notice, so they may notify the court themselves. Ask the court clerk though to be sure.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

    Comment


      #3
      Originally posted by itsdavetime View Post
      So, will the BK court automatically send notice to the judge on the case, or should I send it to the clerk or something?
      Not unless the other Court was on the mailing matrix.

      Anyhow, there is probably a "local" procedural way to file a suggestion of bankruptcy with the "local" court. You must follow their specific procedure. Just because you filed the bankruptcy, doesn't mean that case won't still be shown as "active" in the other "local" court. Generally, you can file a suggestion of bankruptcy that will 'stay" the local proceedings.

      Then, once you receive your discharge, you should be able to get that other case dismissed.

      All of this is based on the local procedure.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment

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