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D. WINOGO ESQ., Attorney
Category: Bankruptcy Law
Satisfied Customers: 4714
Experience:  9+ yrs of litigation experience
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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: 5 years ago.
Category: Bankruptcy Law
Expert:  D. WINOGO ESQ. replied 5 years ago.



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 5 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 5 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 5 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 5 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 5 years ago.
id returnable?

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