In a federal civil trial, the latest order STAYING the civil trial citing 11 USC 362 is given since the plaintiff/debtor was forced to file bankruptcy since there was no alternative available to debtor/plaintiff.
So what this 11 USC 362 impact on the debtor/plaintiff?
The stay is effective till the completion of bankruptcy proceedings which may take 6 months to 5 years?
Stay will be lifted if the bankruptcy is confirmed or cancelled (if debtor is ineligible )?
Your case will probably be stayed into oblivion unless you do something. A couple of your options are to file a Motion to Lift the Stay in bankruptcy court so you can proceed. Another option is to file the case as an adversary action in the bankruptcy court. If the debt is dischargeable, there might not be much you can do.
I'm not clear on your facts. The debtor is the party who filed the bankruptcy case, and you're saying they're also the plaintiff. Your question is what is the impact of the automatic stay on the debtor/plaintiff. The answer is that there is no impact directly on them, since they or their representative can continue prosecuting the lawsuit. It depends on which Chapter of bankruptcy was filed. In a Chapter 7 the rights to continue would fall to the Chapter 7 Trustee. In a Chapter 13 or Chapter 11, the debtor themself(ves) would be able to continue prosecution.
The automatic stay prevents continuation of actions AGAINST the debtor, not by the debtor against someone else.
Legal disclaimer: Mark J. Markus practices law in California only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation.
An online site like Avvo is a great resource to get an answer to a simple question that is clearly expressed. Unfortunately, you have not clearly expressed what the situation is and only by going through your many comments did the actual circumstances eventually become clear. If you aren't ably represented, you are doomed to failure in both your federal lawsuit and your Chapter 13 case. Neither of the Trustee's is going to extend a hand to help you out. This is not a matter I would ever be willing to accept, so I have no dog in this fight seeking your trade. There are some very fine bankruptcy litigation attorneys in Las Vegas and I would be calling around to see if you can get one to accept your case. Hope this perspective helps!
You are in the deep end of the pool, and the water there is way over your head. You do not need to litigate a case in U.S. District Court, and file a Chapter 13 case at the same time. You need to consult a bankruptcy attorney about the issues you are currently dealing with. You may be required to dismiss the federal lawsuit , and an adversary proceeding filed in its place in the bankruptcy court. Get some legal advice from experience bankruptcy counsel.
My answers to questions posed on this site is no substitute for obtaining legal advice from competent local counsel.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline