I am the Plaintiff of a civil action pending in district court since 2018, and 6 months after I filed this complaint the defendant filed for Chapter 7 bankruptcy, I am listed as a creditor but would like to "lift the Stay" to allow my civil action to have a chance in court. There are many faults being made by the defendant and defendant's counsel where they failed to alert the presiding judge of the Bankruptcy filing and other little nuances. I am having difficulty with timeline and strategy - Thanks!
You really need to talk to a local bankruptcy attorney to review what your options are, if any. You say that he filed bankruptcy 6 months after you filed a complaint in 2018, so do you even know how the bankruptcy case finalized? Most debts and claims are discharged in Chapter 7, and there are very few types of claims that are automatically exempt from discharge without raising a timely objection. If you take ANY action toward proceeding on a claim that was discharged in bankruptcy, you could subject yourself to severe monetary sanctions. You really need to contact a local bankruptcy attorney to review your situation before taking any further actions.
Advice on this forum is for informational purposes only and should never be mistaken as a substitute for legal advice. If you are in need of legal advice, you should consult local legal counsel.
No. The bankruptcy stops the state court civil actions, not the other way around. If the bankruptcy is still pending and you still want to do something with your civil case, you need to get relief from the automatic stay from the bankruptcy court. If the bankruptcy has concluded and you still want to do something with your civil case, your claim may have already been discharged. To avoid discharge of your claim, your claim must be nondischargeable by law, or you need to file an adversary proceeding in the bankruptcy case to except your claim from the bankruptcy discharge. There are strict deadlines for objecting to discharge. You may have already missed them. You should get a consult with a bankruptcy attorney in your area ASAP to see what rights and remedies you have.
Disclaimer: As always, you get what you pay for. Be sure to talk to a qualified attorney in your area about your specific situation before you choose to rely on any information you get from internet discussion boards such as this one. I am a Michigan attorney and I do not give advice about state law other than Michigan law. If you live outside of Michigan the information presented here is based on federal law and general legal principles, and should not be construed as advice specific to your state's law.
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