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LawTalk, Attorney
Category: Bankruptcy Law
Satisfied Customers: 37851
Experience:  I have more than 25 years of experience in the practice of law.
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When plaintiff files, and there is a stay. How can more

Customer Question

When plaintiff files for bankruptcy, and there is a stay. How can more hearings be stayed
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Is there a stay of what? An ongoing lawsuit against you for a debt that is included with the bankruptcy?

2. What hearings are you asking about?


Customer: replied 1 year ago.
I have filed for Chapter 13 bankruptcy pro se in Eastern District of CA on August 25, 2015.Last year I filed a civil complaint in the superior court against my former employer for wrongful termination. They filed a motion to compel responses to interrogatories and for sanctions. There is a hearing set tomorrow. I did not file an opposition since in that case I filed a NOTICE OF STAY. I did not think the state case could proceed while I, the plaintiff and debtor was in an active Chapter 13
Expert:  LawTalk replied 1 year ago.

Good afternoon,

First of all, you need to get permission from the bankruptcy trustee to continue your lawsuit against the employer. This is required because the proceeds of the lawsuit may be effected by your BK case.

More importantly, you sued the employer, not the other way around and your filing BK does not automatically stay proceedings in which you are seeking money. The stay in Bankruptcy does not stay all proceedings---only those initiated by a creditor agaisnt you. You MUST respond to the Motion to Compel.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,