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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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i have filed chapter 7 dated 12/28/12 personal and had an individual

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i have filed chapter 7 dated 12/28/12 personal and had an individual business that made no money for last 3 years and have been going thru the process and today I received a summons from my american express business card they filed a civil suit. Do I need to worry about this or is this automatically stayed with the rest of my credit card debts? Also, do I need to file a response to the court or will it be dismissed since I filed bankruptcy?
The summons came to me thru my local mail box stop, i did not receive personally and it is dated 11/27 but was not delivered to them until today 1/7/13.
Some online info says that I don't need to file a response since I did the bankruptcy and some online info says I still need to file a response to the court? help! so confusing.
I did not have an LLC or a corporation, my business was only owned by me and has not made any money since 2010. Thank you.

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.

cfortunato :

There are a number of questions I have to ask you:

cfortunato :

1) Is the business a sole proprietorship?

Customer:

Yes

cfortunato :

2) Did you include this debt in your Bankruptcy papers?

Customer:

Yes i did

cfortunato :

Thank you for your responses.

cfortunato :

American Express will receive notice of the Bankruptcy filing.

cfortunato :

Once they receive notice, they are supposed to discontinue the lawsuit.

Customer:

Do I have to file a response to the court also to not get into trouble?

cfortunato :

Although it is not necessary for you to respond, it would be a good idea for you to do so - to make sure the court knows that you filed a Bankruptcy, so that the case can be suspended, and then dismissed if American Express neglects to discontinue the case.

cfortunato :

If you had known about the lawsuit before you filed your Bankruptcy, you could have included the lawsuit information in your Bankruptcy papers, and the Bankruptcy court would have notified the court where the lawsuit was filed.

cfortunato :

Since you did not know about the lawsuit, and therefore the Bankruptcy did not notify that court, it is up to American Express and/or you to notify the court.

cfortunato :

I think this is the reason for the differing information you found online.

Customer:

ok, that makes me feel better. The only thing I have is my mobile home and I don't want to have to worry that they are going to put a lien on it. I'll go to the courthouse tomorrow to file the response, I can't seem to find the right forms on the computer so I'll go in person. I was also worried about the 30 day period to respond since their original date was 11/27 on the summons...and i didn't get it until today so that was over 30 days. But they didn't deliver until today at the post office.

cfortunato :

Since you filed a Bankruptcy, it will not matter that you will be responding past the 30 days.

cfortunato :

The lawsuit must stop as soon as your Bankruptcy was filed.

Customer:

ok thank you "feel so much better now"! phew!

cfortunato :

Even if a judgment had already been issued, the judgment would be discharged in your Bankruptcy.

cfortunato :

You're welcome!

Customer:

You were very helpful

Customer:

now for your rating! :)

cfortunato :

Thank you!

Customer:

p.s. can i print this info?

cfortunato :

Yes - just copy and paste into a word document.

cfortunato and other Bankruptcy Law Specialists are ready to help you