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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Small Claims court being served with that I owe $5000 - Filed

Customer Question

Small Claims court being served with that I owe $5000 - Filed Bankruptcy - can I file a motion to dismiss prior to court or do I have to wait for atual casses. Bankruptcy has already been filed.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 4 years ago.

cfortunato :

Hi - my name is Chris and I'm a Bankruptcy and Consumer Protection attorney here to assist you.

cfortunato :

Was the person or company that filed the small claims court case listed on your Bankruptcy petition?

cfortunato :

Also, was the small claims case listed on your Bankruptcy petition, or did you find out about the court case after your Bankruptcy was filed?

cfortunato :

The answer to your question is you can file a motion to dismiss the small claims case now (you do not have to wait until April 29), but you may not have to file the motion if this case was listed on your Bankruptcy petition.

cfortunato :

The reason is the Bankruptcy court will notify the small claims court if the case was listed on your Bankruptcy petition.