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When a civil proceeding is stayed by a bankruptcy filing

done by the defendant in...
When a civil proceeding is stayed by a bankruptcy filing done by the defendant in the civil case, and then the bankruptcy court decides to lift the stay in the civil proceeding (a full and complete lift of the stay).....does the civil court need to file any notice that the civil case is no longer stayed IF they have a status hearing for reviewing a trial schedule?In this situation, the debtor is trying to still say the civil lawsuit is stayed even though the bankruptcy court issued the order that the motion to life the stay was allowed.....and also the civil court held a hearing one month after the stay was lifted by the bk court....
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Answered in 1 minute by:
8/4/2017
NYCLAWYER
NYCLAWYER, Attorney
Category: Bankruptcy Law
Satisfied Customers: 58,122
Experience: LICENSED NY AND NJ BUSINESS LAWYER
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Greetings! I am a legal expert on the site and am working on your question.
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If stay lifted the civil case just proceeds. The lift order should be on hand for the court
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Please let me know if that is acceptable and feel free to reply back and follow up
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Customer reply replied 3 months ago
In this situation, the lift order was granted (in our favor) and we are now waiting for the civil trial to be scheduled since the debtor filed a bk petition the day before the civil trial was scheduled to start.The civil court held a scheduling conference after the stay was lifted, but the debtor brought on new attorneys for the civil case and they are still trying to say that the civil case is still stayed because there is not 'official notice' from the civil court that the civil court is no longer stayed (even though the bk lift stay order is public and they obviously know about it as does the debtor).Does the civil court need to make a notice on this? The civil court/federal court judge needs to still set the trial hearing date which has not happened yet.
The lift of stay order allows court to proceed.That order should be given to civil judge if not provided otherwise.
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I hope that is clearer. Please let me know
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Customer reply replied 3 months ago
We did file the lift stay order as part of our notice on to the civil court (the day after the lift stay order was issued)....so is there any basis for the other side to file any motion suggesting that the civil case is still ordered???
I see none!
Good luck.
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Have a nice weekend.
NYCLAWYER
NYCLAWYER, Attorney
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Experience: LICENSED NY AND NJ BUSINESS LAWYER
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NYCLAWYER
NYCLAWYER
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