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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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My friend has filed a criminal case against his ex-girlfriend

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My friend has filed a criminal case against his ex-girlfriend as she has not paid back a very large promissory note....she has now just declared bankruptcy...is there anything he can do?
Hello,

It is a violation of the automatic stay of the bankruptcy court to take any action outside of bankruptcy court against a debtor in bankruptcy. Therefore, the contempt action should not be heard and you may be fined if you proceed. You need to file a proof of claim form in the bankruptcy. Here is the form. Once the form is filed, you will be considered a creditor.
Customer: replied 7 years ago.

FLAandNYLawyer

So even though he filed for contempt of court some time ago, he should advise the court that he will no longer be taking her to court? As you can well imagine this is very frustrating as he has been serving her for various reasons for the past couple of years. Would it change anything if you knew the chronology of what had been done?

Hello,

I understand your frustration however the chronology of events is not relevant for the purposes of the bankruptcy code. The bankruptcy code is very clear. No action at all may be taken against a debtor in bankruptcy absent bankruptcy court approval. If the action proceeds in Civil Court without bankruptcy court approval, his ex-girlfriend could bring an action against your friend for the violation of the automatic stay.
Customer: replied 7 years ago.
So the only recourse he would have in order to recoup what is owed him is to file as a creditor? No matter what legal actions he has taken up to this point?
unfortunately that is correct
Customer: replied 7 years ago.
I'm sorry... your answer is blank....could you please try again? Thanks!
Sorry about that.

So the only recourse he would have in order to recoup what is owed him is to file as a creditor? No matter what legal actions he has taken up to this point?

Unfortunately your understanding is correct. Your friend will need to file as a creditor in the bankruptcy action.
Ellen and other Bankruptcy Law Specialists are ready to help you
Customer: replied 6 years ago.
Where do I send this form? He lives in Dallas, Texas. Thanks!!
Hello,

You will to file the proof of claim with the bankruptcy court where she filed