Now that the other side was served with a CM-180 and notice that I have filed for bankruptcy. Do I need to attendant the Case Management conference on 2/14? I have filed my CM-180, bankruptcy filing notice and POS-030 that was completed by someone else with the court already.
Assuming that the California court was properly notified of the bankruptcy, the action should be frozen in place and the case management conference taken off calendar. You should follow up with the court clerk to ensure that actually happens, as you do not want sanctions imposed against you for failing to appear.
No, if your bankruptcy case is still pending and you filed the CM-180 giving notice of the automatic stay, you will not need to attend the Case Management Conference.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
Personal Injury Lawyer
Id suggest you confirm on the court website and/or the clerks offc, that the bk notice has actually been filed with the clerk and noted. Sometimes when you mail docs to the clerk's offc, they can be lost before they get there, or even after. Sometimes the clerks are behind in filing, and the doc doesnt make it into the file by the time of the hearing.