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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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If youre a defendant in an ongoing civil case in Florida and

Resolved Question:

If you're a defendant in an ongoing civil case in Florida and declare bankruptcy, do you still have to attend a deposition if deposed on the ongoing civil case?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 5 years ago.

Hello,

So sorry to hear of your dilemma. I will strive to provide you with legal information to assist you. If my answer is not clear to you, I encourage you to ask me for clarification by using the reply button.

Typically you would not attend the deposition.

Once a bankruptcy has been filed all collection action must cease. T

Once a bankruptcy is filed, the automatic stay of the bankruptcy court is in effect Bankruptcy Code regarding the automatic stay. 362 (4)k provides for actual and punitive damages for the willful disregard of the automatic stay.

You will need to file a "Suggestion of Bankruptcy" in all pending litigation including the deposition.

Here is the form that you will require to do so:
http://ablelegalforms.com/free/suggestbk.pdf

Customer: replied 5 years ago.
Please note that the "ongoing case" that I'm referring to is in Florida and we have not reached trial yet. The deposition on the "ongoing" civil case has already been ordered (it's in 3 weeks) and I am thinking of declaring bankruptcy to avoid having to attend. Does your answer above still apply as is in my particular situation? In other words, even if the case is ongoing and the deposition notice has already been filed, I would not have to attend?
Expert:  Ellen replied 5 years ago.
Yes that is correct
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