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  1. #1
    Join Date
    Sep 2015
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    2

    Default Can You Ignore a Pending Civil Lawsuit After You Have Filed Bankruptcy

    My question involves bankruptcy in the state of: Illinois

    I filed Chapter 7 last month. A day or so prior to filing, I was summoned to court by a creditor. My bankruptcy lawyer suggested I go. I went and I was told to pay a fee (why would I pay - I'm bankrupt), which I did not have so they said I have 21 days to pay it. I was also given another court date. I went to the bankruptcy firm and a different lawyer told me I can just ignore what I was told at court since I have filed. He said the judge isn't aware that I filed, but the creditors cant go after me anymore.

    Is he correct? I can just ignore the court date and nothing will happen to me? Because I thought someone, either myself or the lawyer, was suppose to bring the bankruptcy petition to court as proof.

  2. #2
    Join Date
    Sep 2010
    Posts
    478

    Default Re: Can You Ignore Court Appearances After You Have Filed

    Assuming the state court matter is just the run-of-the-mill creditor seeking to collect, then the state court proceeding and everything relating to it is "stayed" by the bk. However, unless someone tells the state court judge about the bk how is he/she to know he/she cannot proceed?

    Your attny should have filed a Notice of Bankruptcy Filing or should have properly notified the creditor about the filing so that the creditor could take steps to file the Notice. Did he? Call on Monday to make sure. I routinely file a Notice of Bk Filing when appropriate and send my client a copy so he/she knows it has been done.

    Des.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Can You Ignore Court Appearances After You Have Filed

    Quote Quoting three
    View Post


    Is he correct? I can just ignore the court date and nothing will happen to me? Because I thought someone, either myself or the lawyer, was suppose to bring the bankruptcy petition to court as proof.
    Common sense would dictate that you should have brought your own copy to the court that day.

    Self preservation is nobody's business but your own.

  4. #4
    Join Date
    Sep 2015
    Posts
    2

    Default Re: Can You Ignore Court Appearances After You Have Filed

    Quote Quoting adjusterjack
    View Post
    Common sense would dictate that you should have brought your own copy to the court that day.

    Self preservation is nobody's business but your own.
    No need to be rude. I went to court the first time, but it was just to file. I am supposed to return later this month. I didn't see a judge or anything, it was just some clerk behind the desk.

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