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I'm being sued by a JD buyer & have a CMC scheduled soon. I'm filing for BK now. Do I need to file anything in the meantime?

Arleta, CA |

Should I get an extension with the court to avoid a judgement against me? I'm still waiting for a draft from the attorney and I'm worried about the scheduled case management conference date approaching. I haven't responded to the plaintiffs request for admissions. Is there anything I need to do before the conference to protect me from a judgement while I wait for the BK attorney?

Attorney Answers 4

Posted

You did not provide any dates. If you have paid your bankruptcy attorney all the fees AND all the documents, information he/she needs, your petition should be ready to be signed and filed within a week. If the judgment comes through before you file, make sure it is listed on your petition and it will be wiped out, too. Good luck.

Please be aware that each answer is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

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Asker

Posted

I've paid the attorney in full and it's been 2 weeks and have not rec'd a draft. All the paperwork was provided to the attorney in advance. Conference is set for Feb 14. Do I need to still show up? The debt from JD buyer was included on my BK paperwork since it is the only reason why we are filing. Thanks for your help.

Diane L Gruber

Diane L Gruber

Posted

I suggest you call your attorney and tell him that you want to come in sooner to sign your petition and get it filed. You must pay the court's filing fee no later than the signing appointment. Good luck.

Posted

The debt to the JD buyer will be discharged in your BK, whether they receive a judgment or not.
Don't delay, though, because if you wait too long after they get their judgment, they might have time to try to garnish your wages or levy your bank account.

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Asker

Posted

This is good to know. I thought if the BK attorney didn't file before the conference date, the JD buyer would be awarded a judgement and I would be responsible regardless if I'm in the process of filing BK.

Carl H Starrett II

Carl H Starrett II

Posted

Mr. Whitaker is correct. While a bankruptcy discharge will void the judgment, file ASAP to avoid unnecessary complications.

Posted

Once your bankruptcy is filed, you will get a case number showing it has been filed. That case number and filing date should be provided to the creditor's attorney on the lawsuit immediately upon receiving it, and it can't hurt to file proof of bankruptcy filing with the court either. Once your bankruptcy is filed, an injunction called the automatic stay goes into effect, which requires the state court lawsuit to stop. If, even by accident, a state court judgment were to be entered against you after the bankruptcy is filed, that judgment would be void, and of no effect. However, it is best to file the bankruptcy, if possible, before judgment is entered against you, since otherwise it may be necessary to file a judicial lien avoidance motion in the bankruptcy court to deal with it. Filing before judgment also prevents the judgment from showing up on your credit report.

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Posted

Make sure you file a notice of stay in the state court proceeding after the bankruptcy is filed. Your attorney should do that for you, however some charge a small fee for doing it. You could always do it yourself. Make sure it gets done so that you do not face a judgment.

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