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Filed Chapter 7 - Creditor Promptly Sued

Date: Mon, 05/06/2019 - 04:46
Submitted by mvezza on Mon, 05/06/2019 - 04:46
Posts: 67
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So I filed for Chapter 7 recently and one of my creditors promptly violated the automatic stay by filing to sue (contract dispute.) I called them to inform them that they were violating the automatic stay and I was hung up on repeatedly until I finally got one operator who said their legal team was handling it and I should just wait.

Should I file an answer to the lawsuit ($175 filing fee) or do I wait and see if it's handled by the courts?


You need to respond to the lawsuit within 2 days. You have 2 options. File an Answer or File a motion to dismiss. The second option is little bit complicated and you need to understand the bankruptcy law in that case. An attorney can help you to do that. If you just want to answer the complaint, then ask the court clerk to give you the form to respond to the complaint. The form is check-the-box style. You just need to defend the complaints.

Do you have an attorney or have you opted for pro se bankruptcy?


Submitted by David Martin on Tue, 05/07/2019 - 03:35

David Martin

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You got two days, file an Answer or file a motion to dismiss. Ask the court clerk to give you the form to respond to the complaint. It is better to consult with your attorney first and proceed accordingly.


Submitted by Barbara Delinsky on Mon, 05/13/2019 - 00:02

Barbara Delinsky

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