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Debt Consolidation Forums Bankruptcy Chapter 7 and Chapter 13 forums

Quick question about a civil suit and a 7

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I'm being sued in 2 very big civil cases that are tied together. I'm part of a party of like 36 defendants. They haven't focused on me in the lawsuit and they haven't even deposed me. It goes to trial on the 21st of May and this suit was filed back in 2008 and they have been collecting evidence ever since. My attorney told me since I haven't even responded to the lawsuit, I'll most likely get a 35 million dollar default judgement against me. I don't own anything and I hardly have a dime to my name, so I don't have an issue with BK CHP 7.

My question is this.

What happens if I file the day before the lawsuit? I know there will be an automatic stay. I also know they most likely will not pursue me in BK, because they know I'm broke. How long will the automatic stay be in place? The only reason I want to file the day before is because all of these plaintiffs which is about 45 plaintiffs will have to fly in and book hotels for this 2 week trial. How will my BK affect the suit? I'm truly doing this to just be a prick, because they have not been nice to me. I would love the fact that they all fly in, I file BK and then they all have to fly home because there is an automatic stay. Is this what will really happen?




You may want to be a "prick" but you filing bk on the eve of a trial will not delay the trial - unless you are an indispensable party, which, it sounds like, you are not. It will only remove you from the proceeding. The trial will move forward as to all other defendants. The automatic stay only stops litigation against the one who filed bk.

Des.

Sub: #1 posted on Fri, 04/27/2012 - 20:39

despritfreya despritfreya

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