Can I record a judgment against a creditor who filed Chapter 7 within the 180 days the court granted me with no new stay?
3 attorney answers
You're asking us to give you a definitive answer based on the quoted text of a document that we cannot see? No way. You need to take whatever order that the judge entered for review by an experienced local bankruptcy attorney and be prepared to compensate them for their time.
DISCLAIMER: This message is intended as a general discussion of legal issues...
Evan an unintentional violation of the automatic stay can result in monetary sanctions against an offending creditor. I agree with atty Rausa: Find/consult/hire a creditor's rights BK lawyer in your area using the Avvo feature "Find a Lawyer". Make a list of 4-5 having many 5 star reviews from satisfied clients. If you don't get a prompt call back from one, go on to the next on your list. Some offer a free consultation by phone or in person. Take us up on it.
If my answer is "BEST ANSWER" and/or "HELPFUL" please acknowledge and mark it so. I appreciate your comments and feedback. I have been practicing law since 1976 serving thousands of clients with successful legal experience with cases like yours. My response is often general in nature because all facts are unknown to me. Specific answers require knowledge of all the relevant facts of your case. Follow up questions are invited. You are not my client and I am not your attorney. This advice is given in the spirit of the AVVO platform and is based on general legal principles. You become a client when you enter into a formal retainer agreement with me.
Absent reviewing all the documentation and developing an absolute time line, I do not think it would be prudent to respond one way or the other. My initial thought was to file for relief from stay in the Chapter 7 case. Not sure at this point if that is needed, however, far better to be sure. I would advise you to hire an attorney to discuss.