Consumer Protection Law

Consumer protection law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

Hello there, My name is XXXXX XXXXX I had filed for bankruptcy…

Customer Question
Hello there, My name is XXXXX...
Hello there,
My name is XXXXX XXXXX I had filed for bankruptcy in Nov,2011. In Dec 2011 I had the 341 meeting which went smooth. This is the first time I have filed due to huge losses I suffered from my business that failed during the recession around 2008-2009. Another major reason for me to file bpcy and not wait till I pull myself out was a civil lawsuit that was filed against me, where there were no value defined but it was for negligence and other matter that is 'dischargeable' in the bankruptcy court. I tried to fight it but I exhausted all my savings and had to humbly file the bankruptcy. Now I am facing two hiccups and have some questions that relate to it, the answers which will better guide me how to proceed in this matter:
1.The first hurdle now is that attorney who filed the lawsuit that got me broke, now has filed a complaint in the bankruptcy court. I was just notified via email by the bankruptcy firm that filed on my behalf,I asked for a copy of the complaint but they dont have it as they havent recieved it, I am not in my state for the next few weeks so I dont get my mails timely anymore and I will be flying outside the country for 6 weeks for training for my new job. I am not in any better shape financially yet to be able to afford another lawyer to handle this matter, So i am wanting to understand the process and the solutions that are available, My question being:
1.I understand I have to be served the summons before the time starts for my response, Is that correct? By serving, would it just mean they can drop in mail and consider served? Or it starts from the day I/my bankruptcy attorney are in possession of it?
2.Does the complain hurt my bankruptcy case and affect my discharge abilities?
3.How can I buy time to answer since I am traveling out of the country and am very occupied at the moment, plus it will give me some time to save and invest in an attorney if needed?
4.What can I do to dismiss it? How easy/tough is it to dismiss it?
5.What motives may the attorney have to file the complaint other than hurt my case and bloat his ego, since he knows I am totally squeezed out.
6.Can I fight this complaint without an attorney? How complicated is this?
7.What can be the possible outcomes of the case If I chose to stay mum and not respond to it? Will that impact my bankruptcy discharge?
8.How can I request the judge to dismiss it on harassment grounds as the lawsuit they filed had not much credit anyways?
9.Their clients are not in US anymore, I dont think they can or will want to come back to US anytime soon, and can get the visa for it otherwise, So Can i ask the attorney to produce the client first or any other direction I can take with this?
10.What are my options to appeal in case they get a judgement on grounds of no response from my side? What happens if they get a judgement, Will that lawsuit become active or just the judgement stays? If the judgement is awarded in case of my No response, and the attorney still has to collect it, i am OKAY with that as they really cant collect anything in the shape or form i am in for now.
Please advise.
Thank you for your time.
Submitted: 6 years ago.Category: Consumer Protection Law
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 4 minutes by:
3/13/2012
Consumer Protection Lawyer: cfortunato, Lawyer replied 6 years ago
cfortunato
cfortunato, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 8,023
Experience: Areas of practice: Landlord/Tenant, Bankruptcy, Consumer Debt
Verified

Customer:

Hi JACustomer,

Ask Your Own Consumer Protection Law Question
Consumer Protection Lawyer: cfortunato, Lawyer replied 6 years ago

Hi JACustomer,

Did the plaintiff get a judgment in civil court - or was the lawsuit still in progress?

Ask Your Own Consumer Protection Law Question
Customer reply replied 6 years ago
No, the plaintiff did not get a judgement nor were any trial dates set, it was in the middle of the process in discovery.
Consumer Protection Lawyer: cfortunato, Lawyer replied 6 years ago

Then the plaintiff's attorney probably filed a motion for relief from the automatic stay - so that the lawsuit could proceed.

1) Service is completed upon placing the Summons in the mail.

2) No.

3) No - this complaint, if the plaintiff prevails, will only grant the relief asked for in the motion - it will not affect the rest of your Bankruptcy case.

4) No - it is not possible to continue proceedings in Bankruptcy court. You do not have to be present if your attorney shows up for court. If no one shows up, the motion will be granted. (The plaintiff will prevail.)

5) A judgment creditor has at least 10 years to collect a judgment.

6) You can oppose this motion without an attorney. It is not difficult, and you should be able to get the necessary forms and instructions from the clerk at the Bankruptcy court.

7) If there is no opposition to the complaint, the relief requested will be granted, but this will not affect the rest of your Bankruptcy case.

8) It will be hard to dismiss with an accusation of harassment, but you could have the motion dismissed by asserting that any judgment the plaintiff would be able to get in court would be dischargable in your Bankruptcy, and therefore the request for relief is moot.

9) The client does not have to appear - only his attorney has to appear.

10) You will be given 30 days to appeal the motion's decision. If this debt is dischargable in your Bankruptcy, it will really not matter if the plaintiff gets a judgment, as any judgment they get can be discharged.

 

I think this is what you wanted to know. If not, please let me know.

Thank you.

Ask Your Own Consumer Protection Law Question
Customer reply replied 6 years ago
Thank you for your responses. The answer to #8 was most helpful.
Can you please check the answers to #2, #3 and #4. The answers
seem to have got a bit mixed up or I was not able to understand them.

Continuing on #8, How likely is the judge going to accept that motion.
8.a)How friendly are they in the court when they have to deal with adversarial proceedings?
8.b)Can the attorney choose to depose me in the court even if i filed a response?
8.c)Can I get extension to answer as I will be travelling? if yes, how long at max?

Lastly to understand this better,
10.a)Can the plaintiff take this lawsuit back to civil court or does it have to proceed in the BK court?
10.b)If the plaintiff's motion is granted, does that mean they get to continue the case in BK court or
get a judgement? Either ways, I want to avoid confrontation as what they may want to depose could
possibly have criminal ramifications?
10.c)Can I plead the fifth in the court if I have to?
10>d) will this be a new lawsuit or continuation of the same previous one? As in can they involve
the same other parties that were named to be deposed in the original lawsuit?

Thank you for your patience, As you see this is a bit complicated than a standard case.


Consumer Protection Lawyer: cfortunato, Lawyer replied 6 years ago

The answers to #2, #3 and #4 are correct. Please indicate what you do not understand about those answers.

8) a) There is generally no friendliness or unfriendliness on the part of the court regarding adversarial proceedings.

b) Not if the plaintiff is asking for relief from the automatic stay.

c) No - you cannot get an extension because you are traveling.

10) a) This lawsuit cannot proceed in Bankruptcy court - it would have to continue in civil court.

b) If the motion is granted, the proceeding has to continue in civil court.

c) This motion may be about a civil court proceeding that has criminal implications, but the motion itself has no criminal implications - therefore there will be no need to assert the 5th Amendment as a defense to testifying.

d) It the motion is granted, it will be a continuation of the lawsuit - not a new one.

 

cfortunato
cfortunato, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 8,023
Experience: Areas of practice: Landlord/Tenant, Bankruptcy, Consumer Debt
Verified
cfortunato and 87 other Consumer Protection Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago
Continuing on 10)c)
1.Can the attorney ask to depose me in the bankruptcy court? If Yes, and they chose to, Can i still assert all my rights as i would have in the civil suit? I understand here my position may change as in the civil suit I
am able to defend myself but when i seek for the benefit of a bankruptcy, I cant raise the same defenses?
Please advise in detail or point to an article that I can read in detail.
Thanks
Consumer Protection Lawyer: cfortunato, Lawyer replied 6 years ago

A motion asking for relief from the automatic stay is not the type of AP that requires or calls for the debtor be deposed, so no - the attorney cannot ask to depose you.

Ask Your Own Consumer Protection Law Question
Was this answer helpful?
Ask cfortunato Your Own Question
cfortunato
cfortunato
cfortunato, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 8,023
8,023 Satisfied Customers
Experience: Areas of practice: Landlord/Tenant, Bankruptcy, Consumer Debt

cfortunato is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Lawyer

6,930 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,422 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Barrister

Barrister

Lawyer

1,607 satisfied customers

Attorney,17 years experience in consumer protection areas

Tina

Tina

Lawyer

1,587 satisfied customers

17 years legal experience including consumer protection law.

P. Simmons

P. Simmons

Lawyer

1,184 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

582 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Consumer Protection Law Questions
I recently found out my checking account has some
I recently found out my checking account has some transactions that were not initiated by myself. Are there any consumer protection laws that assist me?… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,107 satisfied customers
I have a question about a vehicle mechanic lien. California.
hi I have a question about a vehicle mechanic lien … read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
896 satisfied customers
I was driving my car from Texas to Georgia in May/2017 when
I was driving my car from Texas to Georgia in May/2017 when I had an incident in the highway (My car stopped working). I as towed to El Paso Tx where a Mechanic (who was introduced to me as Dave) insp… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,176 satisfied customers
I have invested 5500.to Agora. They said I'd ge help
they said I'd ge help investing. I'm 70 yrs old and now they say I need a broker … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I recently locked my keys in my car and needed a locksmith.
I recently locked my keys in my car and needed a locksmith. The company kept me waiting at the location where the car was by calling and saying.. we will be there in 35 minutes, another 15, another 20… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My wife thought she was co signing a car loan for her
my wife thought she was co signing a car loan for her daughters boyfriend , as it turns out they are co owners . he is not making payments and she has told the bank she would pay as long as she had ca… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
1,184 satisfied customers
I have a question regarding debt. I had a verbal commitment
Hello, I have a question regarding debt. I had a verbal commitment with a collector, to pay $100 per month and made a first payment this morning. I owe about $4,600 to a school, my account is in defau… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,817 satisfied customers
Toyota of Dallas sold me a Camry they didn't even have the
Toyota of Dallas sold me a Camry they didn't even have the title for. Now they are coming for the car saying I didn't have the right to take the car. I have the paperwork saying otherwise and I have t… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,176 satisfied customers
I have purchased a cell phone and it is locked to
I have purchased a cell phone and it is locked to tracfone.Tracfone refuses to unlock the phone because they said that I have a lon-term contract. … read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
896 satisfied customers
I would like to know if a motorcycle dealership is required
I would like to know if a motorcycle dealership is required to disclose prior damage to a bike or any repairs that were made to a buyer? Let's say I purchased a bike for 24K that had 9K worth of repai… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,568 satisfied customers
Do you have any info on: GS and GD Business Solutions, LLc.
Do you have any info on: GS and GD Business Solutions, LLc. located in Valley Cottage, NY? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I live in Massachusetts, and I had my Truck repaired at
I live in Massachusetts, and I had my Truck repaired at Nissan but they broke the console in my Truck and they will pay for damage because they say it was caused by how old the truck is. … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,107 satisfied customers
I recently noticed that United/DC have been taken money from
I recently noticed that United/DC have been taken money from my acct monthl I should not be insured with them … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I am looking for a attorney to represent me on a bad faith
Hi, I am looking for a attorney to represent me on a bad faith and breach of contract suit I filed in February. I am looking for tips on how to get one to take my case and what I should do about the f… read more
socrateaser
socrateaser
1,031 satisfied customers
I just got sued by LVNV. If I pay the attorney whats owed
I just got sued by LVNV. If I pay the attorney whats owed will the lawsuit automatically get dismissed? or do I need to have anything in writing? I wasn't served yet… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,817 satisfied customers
I got sued by LVNV. If I pay the plaintiff attorney the
I got sued by LVNV. If I pay the plaintiff attorney the amount owed will the lawsuit automatically get dismissed? Or do I need anything in writing?… read more
Lori
Lori
Juris Doctor
1,324 satisfied customers
I had verizon e-mail. They went out of business and switched
I had verizon e-mail. They went out of business and switched me to AOL. I'm trying to cancel AOL because I switched everything at my home to comcast. Contacted support for AOL and they said it would c… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,107 satisfied customers
We reserved an RV spot at Dakota Ridge RV Park in Golden, CO
We reserved an RV spot at Dakota Ridge RV Park in Golden, CO on February 9, 2018 at 11:42 a.m. foe 6/09/2018 to 09/01/2018. We were required to pay 1/2 of 1st month in the amount of $999.75 and $100 f… read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
896 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x