How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask D. WINOGO ESQ. Your Own Question

D. WINOGO ESQ.
D. WINOGO ESQ., Attorney
Category: Bankruptcy Law
Satisfied Customers: 4714
Experience:  9+ yrs of litigation experience
18858452
Type Your Bankruptcy Law Question Here...
D. WINOGO ESQ. is online now
A new question is answered every 9 seconds

If I have filed Chapter 7 (Oct 08,2009) and there is a Civil

Customer Question

If I have filed Chapter 7 (Oct 08,2009) and there is a Civil Suit against me<but there is a stay in place,does the Plaintiff have a right to file a Motion To Dismiss such Bankruptcy,for Failure to provide a tax return to such Plaintiff? there has been no judgement on the Civil case,therefore he is not really a Creditor,isnt that the case?
What paperwork do I file to stop that Motion and any other motions that might slow my Bankruptcy?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  D. WINOGO ESQ. replied 4 years ago.

Hi,

 

Only the first part of your question came through. All that I can see on the screen is that you recently filed for Chapter 7 Bankruptcy protection and there is a civil lawsuit against you.

Customer: replied 4 years ago.

The Civil Case is Stayed until a decision has been made on the Chapter 7. The Plaintiff is aggressively trying to get my Chapter 7 Dismissed,although never showed up to my Creditors Meeting. Technically, there has been no judgement on the Civil, therefore,he shouldnt have a say,isnt that true?

He has done a total of 2 Motions to Dismiss on my Chapter 7, which the first Motion was denied by the Trustee (Plaintiff tried to lien on my Timeshare), on the grounds of no Timeshare that she ever saw, ever produced any liquid assets.

This second MOTION TO DISMISS Chapter 7, is the Plaintiff is saying I failed to submit my tax return to them,therefore my Chapt.7 be dismissed. The trustee has been provided my Tax return, the Civil Case is Stayed, is this Motion to be taken seriously? and if So, what can I do to stop this and other Motions from disrupting my Bankruptcy?

PLUS- How do I check the Status on My Chapter 7?

Expert:  D. WINOGO ESQ. replied 4 years ago.

Do you have an attorney representing you in the bankruptcy filing? You or your attorney should be able to check online for the status of your case. If you find that you are unable to do it personally, then you should contact the court clerk for assistance in obtaining that information.

 

The trustee must respond to the 2nd motion as well, although it seems as though this plaintiff is really trying to get around the stay by engaging in frivolous motion practice. You or the trustee should consider filing a cross-motion for sanctions against this plaintiff for trying to void the stay on the civil lawsuit. And yes, you are absolutely correct in that the plaintiff is not a creditor and has no say in the internal workings of your bankruptcy filing since he has not yet obtained a judgment and thus is not a creditor per se.

Customer: replied 4 years ago.

I do not have an attorney,I could not afford one (single unemployed Mother of a 10 month old),so I paid for a Legal Aid to help me file. So,how do I go online? what website?

Do I file the Sanction in Civil Court? The Civil case is due in front of the Judge Monday for an update to my Chapter 7, do I bring that then?

Expert:  D. WINOGO ESQ. replied 4 years ago.

You should contact the bankruptcy clerk for case status information. The bankruptcy courts are accessible online, but you may need a password, so that is why you should first contact the court.

 

And yes, you can file a cross-motion for sanctions in the court where the plaintiff is filing the motions to lift the stay. You can mention this to the judge when you see him/her on Monday, but you will also need to raise the issue on the date that the plaintiff's motion id returnable.

Customer: replied 4 years ago.
id returnable?

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.