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I was sued by CACH LLC and my Pre-Trial date is on Jan 23, 2015. However, I recently filed for chapter 7. Should I go to court?
Anonymous9 views7 answers
I hadn't planned to file for bankruptcy at this time, but the above company forced me to file for chapter 7 because I didn't want them to get a default judgment. I was just wondering if I still need to go to court. I heard I don't need to go because of the "automatic stay." Am I right? Can they still get a default judgment? Thank you!
If the automatic stay is in place, which is usually the case when a Chapter 7 is filed, they cannot get a judgment. Make certain CACH is listed as a creditor on your schedules, and send a suggestion of bankruptcy to the CACH attorney, and to the Clerk of Court, in some trackable form, so that you can prove they were notified of the bankruptcy case. So long as all of that is in place, they cannot get a judgment.
The automatic stay should be in place. Have your attorney file a notice of bankruptcy proceeding with the trial court. If you are not represented, then at least make darn sure that the attorney for CACH knows about the bankruptcy.
All legal action stopped if you filed and your case is still open and not dismissed. Thus, no need to appear. You should file statement with court stating the stay applies and thus you wont be there..it wont hurt so judge knows the bankruptcy was filed.
No need to go to court as all pending actions against you will be stated from the time the Petition is filed. As suggested by my colleagues, your bankruptcy attorney should file a suggestion of bankruptcy with the civil court.
Your suggestion or bankruptcy notice should be filed in the court case so that the Judge does not default you for not showing up. Then the case will get stopped pending the outcome of the bankruptcy. Speak to your bankruptcy attorney to assist you and file the necessary paperwork
File a suggestion of bankruptcy with the state court. If you don’t know how to do that, then go to the court hearing and announce the bankruptcy proceeding with the bankruptcy case number and filing date.
It is essential that you or your attorney file a Notice of Suggestion of Bankruptcy and notify the Circuit Court of your pending bankruptcy case and the Order of Automatic Stay. The state court cannot continue while the Automatic Stay is in place. Also, notify the LLC's attorney in writting that you are in bankruptcy. This also will provide him notice and he should not continue prosecuting the case while the bankruptcy is in place. Good Luck!
