Service of Summons and Complaint - on individuals who are U.S. citizens (w/ dual citizenship) but left overseas to avoid lawsuit

Attorney answers (2)

1. Licensed in CA

   

   Neil Pedersen

   Irvine Lawsuit / Dispute Attorney

   Contributor Level 20

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   Answered October 10, 2012 01:38. As my colleague has indicated, the filing of a bankruptcy effects a stay. If you do anything to attempt to further your state court lawsuit, you will violate the stay with very bad consequences. You need to immediately consult with a bankruptcy attorney who is familiar with creditor's rights. That attorney can tell you the effect of a BK filing on the right to collect from the individuals under various theories, as well as what is involved in proceeding through the bankruptcy court to get your money (if any is left).
   
   Move quickly because there are filings that need to be made in the BK proceeding to protect your rights in that venue.
   
   Good luck to you.

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2. Licensed in CA

   

   James Juo

   Los Angeles Intellectual Property Law Attorney

   Contributor Level 16

   1

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   Answered October 09, 2012 20:35. The issue of whether there was sufficient service may not be relevant because 11 U.S.C. § 362 is a Federal statute that provides for an automatic stay of state court proceedings involving a debtor with a pending petition in the U.S. Bankruptcy Court. If your lawsuit is against the company that declared bankruptcy, then you need to start thinking about how the bankruptcy affects your claim. Bankruptcy law is a highly specialized practice, and you should consult with a bankruptcy attorney to help you.

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