I've filed a Title VII discrimination lawsuit against my employer. There is a automatic stay of proceedings. What happens now?

Asked almost 2 years ago - Memphis, TN

This lawsuit is an open and shut case. My employer maliciously fabricated, covered up and made false representation during EEOC investigation. My employer has now filed for chapter 11 bankruptcy. I am a pro se litigant because I can not afford an attorney. Do I contact the bankruptcy court? How do I contact the bankruptcy court? Do I file a motion to lift stay? I had defending my case in civil court pretty much handled and was about to file for summary judgment based on the amountable evidence, but now this. I'm afraid that my civil rights was violated and my employer may get away it behind this bankruptcy. Please help with any insight you may be able to provide for my long and draining endeavors.

Attorney answers (1)

  1. Christine C McCall


    Contributor Level 20


    Lawyer agrees

    Answered . Re: "This lawsuit is an open and shut case." No, it's not. No matter what basis you think you have for saying that, you are wrong. That is not the state of your case. You will only hurt yourself badly by believing that.

    Talk to an attorney for a couple of hours on your dime, even if you decide against retaining legal counsel to represent you. You need more advice, assistance and plain-talk than can be provided to you here. The intersection of BK and employment litigation procedures will be dauntingly complex, technical and rigid. It is highly likely that your claim is now worthless as far as any money recovery goes. You definitely and desperately need advice. You are in way over your head.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more

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