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 Roger Your Own Question
Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31010
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
6704987
Type Your Bankruptcy Law Question Here...
Roger is online now
A new question is answered every 9 seconds

ra-aza

Customer Question

some one filed the lawsuit against me when i was in bankruptcy and they knew about my bankruptcy and they also filed the objection to my bankruptcy. now i withdrew my bankruptcu . can they serve me with the same case they filed when i was in bankrutcy or they have to restart all over again.
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 3 years ago.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question.

If 60 days have passed since the lawsuit was filed, then the summons would be void under the following rule:

Rule 2-113. Process – Duration, dormancy, and renewal of summons.

A summons is effective for service only if served within 60 days after the date it is issued. A summons not served within that time shall be dormant, renewable only on written request of the plaintiff.

Thus, if the summons has expired, the plaintiff would have to go back to court and ask the judge to extend the time for service or the plaintiff could just file a new lawsuit.

Now that the bankruptcy is over, the original case can likely be picked up and the plaintiff can proceed. The bankruptcy filing doesn't void the action, instead it just stays it or suspends it until the bankruptcy is over.


Customer: replied 3 years ago.

my question is again that other perty knew about my bankruptcy and they filed the case against me after i filed bankruptcy. iheard no one can filed case against you when you are in abnkruptcy if they do there are sanctioned against them

Expert:  Roger replied 3 years ago.
This would only be true if the creditor knew - had legal notice - of the bankruptcy filing before the action was filed. In that case, filing suit would be a violation of the automatic stay, and the judge could sanction the creditor, but this is unusual unless the filing is an overt violation in disregard of the court's automatic stay.

Instead, what usually happens is that the debtor informs the creditor of the bankruptcy filing and the case is suspended until the bankruptcy is over.

Now that your bankruptcy case is over, there would be no relief for any possible violation of the stay. Instead, the creditor can pick back up where it left off as long as the summons hasn't expired. If it has, the creditor would have to either file a new suit or get the summons re- issued after getting a court order authorizing it.

Related Bankruptcy Law Questions