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 Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111481
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
10285032
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

My company filed a suit against a person for fraud and other

Customer Question

My company filed a suit against a person for fraud and other claims related to a patent portfolio in Virginia this year. The person we are suing is now threatening to file a bankruptcy in Maryland. We have two fraud claims (for different issues) that w have filed against this person and our lawsuit against this person also involves patents that we own based an agreement that had a clear revision of ownership clause based on any breach.Is there any way for us to file a motion in the Virginia court to help ensure that there is no stay put on our case so we can push forward with the trial which is scheduled before the end of this year?
Submitted: 1 month ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You cannot do anything until he does actually file bankruptcy. If he does file bankruptcy, you have to then file a proof of claim in the Bankruptcy court where he files and then file a motion for relief from stay, which is where you argue he intentionally committed fraud to take the patents and as such fraudulent conduct is exempt from being extinguished in bankruptcy.
As a company, of course you must be represented by an attorney and hopefully your attorney has told you this.
Once he files bankruptcy, that would stop the suit in VA and put it on hold and then you have to file the proof of claim and motion for relief from stay in order to get the case to proceed in VA again.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 1 month ago.
Since we have active fraud claims against this person, would the Maryland bankruptcy court be required to not accept his bankruptcy filing since he has pending fraud claims filed against him? Or would the bankruptcy court possibly allow for the VA federal court case to continue and then also have a bankruptcy proceeding case continue at the same time?
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply
No, the MD court would take the bankruptcy pleading and you would simply have to file as I said above. Just because he committed fraud against you does not mean he is not entitled to bankruptcy protection against other creditors. So you have to prove the fraud to the BK court to get the relief from stay so the VA case would continue regardless of his BK case.
Customer: replied 1 month ago.
ok thanks for the clarification.
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.