Can the creditor file a lawsuit against me after bankruptcy? 32 Answers as of January 24, 2014

I filed for bankruptcy last month and had my 341 meeting. Everything went well and was told my discharge would be in a few months. I noticed today on the court website that one of my creditors, that was listed in the bankruptcy, has filed a lawsuit against me, however they have not paid the filing fee as of yet. How can they do this? Isn't this illegal? I paid almost $2000 in attorney fees to avoid this very thing. Thanks.

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Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
Don't see how they could file without paying the filing fee. Anyway, just call & give them your case number, day of filing, & attorney contact information.
Answer Applies to: Texas
Replied: 1/24/2014
The Law Offices of Katie M. Stone
The Law Offices of Katie M. Stone | Katie M. Stone
A creditor may challenge the discharge of the debt you owe them by filing an adversary proceeding in your bankruptcy. Once they pay the filing fee, you will have to be served and you will have to treat it like a normal lawsuit. There are specific reasons and code statute violations that the creditor has to state as to why they think the debt is not dischargeable in your bankruptcy (this will all be stated in the complaint you are served with). You do not want to let this go unanswered. You will definitely want to speak to your attorney about this. Most attorneys charge extra fees to help you with disputes made as to dischargeability of debt in your bankruptcy. I hope you found this answer useful.
Answer Applies to: Florida
Replied: 1/24/2014
Stephens Gourley & Bywater | David A. Stephens
Notify your bankruptcy attorney. The creditor probably cannot file the suit, although there are some exceptions.
Answer Applies to: Nevada
Replied: 1/23/2014
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Your attorney can normally handle this with a phone call to the creditor. It may have simply been an oversight on the part of the creditor. If the creditor persists after receiving notice of the BK filing, they can be held in contempt of court before the Bankruptcy Court Judge. Normally the Court will award you attorney fees and costs for this action. Again, most creditors will normally apologize and withdraw the state court case.
Answer Applies to: Colorado
Replied: 1/23/2014
Steele, George, Schofield & Ramos, LLP
Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
If the lawsuit was filed in State Court, it is a violation of the automatic stay. However, if the lawsuit was filed against you in Bankruptcy Court, it may be appropriate and must be responded to. This answer was provided as a public service to a question posed on the Law Q & A website. The answer is based on the information provided and is limited to those facts. Furthermore, the answer is based on California law and their application to bankruptcy law in California. Additional information could change the context of the question and materially change the answer.
Answer Applies to: California
Replied: 1/22/2014
    SmithMarco, P.C.
    SmithMarco, P.C. | Larry P. Smith
    Once the bankruptcy was filed, the creditor had to stop right in their tracks. If they filed the lawsuit already, they cannot do anything to move it along. If, however, they filed a lawsuit after getting notice of your bankruptcy, they violated the bankruptcy stay, can be subject to sanctions, and can potentially be held liable under the Fair Debt Collection Practices Act.
    Answer Applies to: Illinois
    Replied: 1/22/2014
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Report this to your bankruptcy attorney.? The lawsuit is a violation of Federal bankruptcy law.
    Answer Applies to: Michigan
    Replied: 1/22/2014
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    If you have an atty, this is what you paid for. Go ask your atty. No, they can not sue.
    Answer Applies to: New York
    Replied: 1/22/2014
    Meister & McCracken Law Firm, PLLC | Joanne M. McCracken
    YOU need to contact your bankruptcy attorney and inform her/him of this lawsuit. There are laws in place to protect you and your attorney can advise you of these.
    Answer Applies to: Arkansas
    Replied: 1/22/2014
    Lynch Law Offices, P.C. | Roseanne N. Lynch
    Speak to your Bankruptcy attorney as soon as possible.
    Answer Applies to: Illinois
    Replied: 1/22/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    It is probably not a lawsuit and you are misreading the website or they have filed for motion of non dischargeability of the debt, motion for relief from stay, etc. You should speak to yoru attorney in more detail.
    Answer Applies to: New York
    Replied: 1/22/2014
    Idaho Bankruptcy Law | Paul Ross
    Visit with your bankruptcy attorney. This would be in violation of the automatic stay. Your attorney can stop it.
    Answer Applies to: Idaho
    Replied: 1/22/2014
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    Are you talking about a creditor filing an adversary complaint in the bankruptcy court or filing a complaint against you in the state court? If it's an adversary complaint, a creditor can file an adversary to seek non-discharge ability of a particular debt based on some theory (for example: breach of fiduciary duty, misrepresentation, fraud, etc) unless the debt was incurred in the last 90 days prior to the filing of the bankruptcy case the burden will be on them to prove up their claim. If you are talking about filing a lawsuit in the state court in an attempt to collect on potentially dis chargeable debt, then contact your attorney immediately and let them know that this has happened. He/she can take steps to make sure that the suit is dismissed and if warranted seek sanctions and damages against the offender.
    Answer Applies to: California
    Replied: 1/22/2014
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    A creditor cannot file a lawsuit against you after you filed for bankruptcy. Sometimes a creditor will do this because they don't know about the bankruptcy. It doesn't matter though the lawsuit is void.
    Answer Applies to: California
    Replied: 1/22/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Mistakes do happen & creditors sometimes overlook the information about the bankruptcy which the court sends out in the mail. If a letter from your attorney doesn't stop the lawsuit, not to worry. You can make some nice money suing this creditor for a violation of the bankruptcy stay if the creditor chooses to proceed. That should take the sting out of your discomfort.
    Answer Applies to: Nevada
    Replied: 1/21/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    The lawsuit violates the automatic stay. Tell your lawyer about it. And I am not aware of any court where you can file an action and not pay the fees. That sounds odd.
    Answer Applies to: California
    Replied: 1/21/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Consult with your attorney and have him contact the creditor. Sometimes one hand doesn't know what the other is doing and the case was filed without knowledge of your BK. Also, even if the creditor had no actual notice through the BK there is case law that states a good faith omission of a creditor can still result in the discharge of the debt.
    Answer Applies to: California
    Replied: 1/21/2014
    Heineman Law Office
    Heineman Law Office | Jeff Heineman
    Strange to file a lawsuit but not pay the filing fee. The bankruptcy code prohibits creditors from proceeding with a lawsuit.
    Answer Applies to: Idaho
    Replied: 1/21/2014
    Law Office of Mark B. French
    Law Office of Mark B. French | Mark B. French
    If you have an attorney handling your case then you need to bring this to their attention immediately. Most likely this is just a communication issue. Although you listed the creditor there is a time lag between when you file your case and when the creditors get notice. Even when the creditor gets notice, getting that information to the attorney (who likely filed 100 or more suits that day) takes some time. If the creditor does not respond appropriately when your bankruptcy filing is pointed out then you may have a stay violation claim against them.
    Answer Applies to: Texas
    Replied: 1/21/2014
    Kirby G. Moss PC | Kirby G. Moss
    In general, a creditor listed on your BK cannot file a lawsuit against you after filing the BK. You should discuss this with your attorney as there could be certain exceptions i.e. they filed something in the BK Court contesting discharge of a debt for example. I 'm not sure how they could have filed a suit without paying filing fee as stated in your question.
    Answer Applies to: Indiana
    Replied: 1/21/2014
    Thomas Vogele & Associates, APC | Thomas A. Vogele
    A creditor may take no action to collect or otherwise enforce an obligation that arose prepetition, before you filed. Violations of the automatic stay are taken quite seriously by the Court and you should have your lawyer contact the creditor immediately and demand a dismissal of the action. Failure to do so may be sanctioned by the Court.
    Answer Applies to: California
    Replied: 1/21/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    What they may be doing is arguing that the money you owe them in not dischargble, in other words you will still owe it when you are. I would go back to your attorney and see what is going on.
    Answer Applies to: Michigan
    Replied: 1/21/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Inform your lawyer if what you see. Your lawyer will take care if it.
    Answer Applies to: Colorado
    Replied: 1/21/2014
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Have you not contacted the attorney who represented you? If not, you probably should.
    Answer Applies to: California
    Replied: 1/21/2014
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    If you are saying that one of your creditors filed a lawsuit against you in bankruptcy court, then it is likely an Adversary Proceeding. A creditor can file an Adversary Proceeding and if they have proper grounds, dispute whether a particular debt is subject to discharge, whether you are entitled to a discharge of any of your debts, and many other reasons. You should consult your attorney right away. You have a limited amount of time to respond to an Adversary Proceeding.
    Answer Applies to: Texas
    Replied: 1/21/2014
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    The creditor would need to have filed a motion to vacate stay to go back to state court or file an adversary in the bankruptcy. Both of those actions are legal, but those are the only ways to file. Any others are in violation of the automatic stay.
    Answer Applies to: New Jersey
    Replied: 1/21/2014
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Have your lawyer contact that creditor.
    Answer Applies to: Nevada
    Replied: 1/21/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    If the creditor received notice of your filing, they are in contempt of court for filing a lawsuit against you. I would contact your attorney immediately about the lawsuit filing.
    Answer Applies to: Ohio
    Replied: 1/21/2014
    Paul Stuber, Attorney at Law
    Paul Stuber, Attorney at Law | Paul Stuber
    You need to make sure that they have notice of the bankruptcy and then they will stop.
    Answer Applies to: Colorado
    Replied: 1/21/2014
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