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Ray
Ray, Lawyer
Category: Legal
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Experience:  30 years in civil, probate, real estate, elder law
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in a civil case , will filing bankruptcy stay contempt of

Customer Question

in a civil case , will filing bankruptcy "stay" contempt of court ?..and if the case is dismissed will any injunction frm that case carry on after the bankruptcy ?
Submitted: 5 years ago.
Category: Legal
Expert:  Ray replied 5 years ago.

RayAnswers :

Thanks for your question and good evening.It would be part of automatic stay here.The other side can motion the bankruptcy court to lift the stay.But it would at least for a time here stop any other judicial proceedings assuming they are related to a collections case or judgment.

RayAnswers :

The bankruptcy judge here at some point may lift the stay as to the contempt case.

RayAnswers :

Reference

RayAnswers :

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Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.


 

Customer:

so, after the bankruptcy is dismissed ....will the injunctions, orders ect.. exsist ?

RayAnswers :

They are always there.It's just the courts can take no action here.so if there is say a motion for contempt it can be heard either after bankruptcy is over or more likely the other party seeks a lifting of the stay and bankruptcy judges grants the order lifting stay.It really only prolongs or delays any proceedings on these matters.

Customer:

after the bankruptcy is final can there be a judgement on those past suits ? what im wondering will they be able to make further claims in regards XXXXX XXXXX case ?

RayAnswers :

Are we talking a collection suit or judgment??

Customer:

yes

RayAnswers :

Any judgment or creditor is discharged in Chapter7.In Chapter 13 here you discharge unsecured creditors like credit cards.Secured ones like car notes or real estate here would be paid under Chapter 13. But under say Chapter 7 they all go away.The only creditors that remain here in a Chapter 7 would be back taxes and federal loans.

RayAnswers :

And they cannot pursue contempt here after bankruptcy for debts.Wipes the slate clean.

Customer:

"contempt" for debts...the contemt would be for not following a judges orders through an injunction in a civil case in which the plaintiff seeks monotary relief.. so, bankruptcy would eliminate this type of contempt ?

RayAnswers :

Yes it really moots it because the debt was addressed in bankruptcy.It was the basis for pursuing contempt.Likely court would dismiss it upon motion after discharge from bankrutpcy.

RayAnswers :

Thanks for chatting with me.If you can click accept it is much appreciated.Have a good evening.

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