I am a co-defendent for a personal injury lawsuit. I claimed this case on my Chapter 7 BK and did receive my discharge. Can I motion the local court where the lawsuit is filed to remove me from the case since this debt was discharged? I know by federal law this case can not move forward on me now.
Did you include the court clerk and the plaintiff's attorney for notice purposes on Schedule F and on the creditors matrix? This would have provided notice to them. In my jurisdictions, in addition to that notice I also file a 'Suggestion of Bankruptcy' with the court, which results in the case being stayed. So, you or your attorney should double check to see if those steps were taken.
A motion is not required. The automatic stay of bankruptcy law has the effect of a federal injunction pursuant to U.S. Bankruptcy Code section 362.
If the local court, or plaintiff's counsel has not dismissed the case as to you because of the bankruptcy, you should ask that it be done. Plaintiff's counsel is supposed to take steps to stop collecting from you, and is violating the discharge injunction if he fails to do so.
You should have your bankruptcy lawyer (or you, if you filed on your own) mail a copy of the discharge order to the plaintiff's lawyer. If you are being represented in the personal injury suit by counsel retained by the insurance company that insured you or the vehicle you were riding in at the time of the accident, then send a copy to that counsel as well. If there is insurance covering all or part of your liability in the accident, then the bankruptcy court an allow the claim to go forward against the insurance policy proceeds alone, and not your personally (although you may remain as a named party in that suit -- this is because the jury in that case is not allowed to know about whether there is insurance covering the claim, because the fear is that a jury may decide to award money to a plaintiff solely because there is insurance available, and not because the defendant is at fault).
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline