Can I be sued after filing chapter 7 bankruptcy? 4 Answers as of August 27, 2010
A few months ago I filed chapter 7 bankruptcy. After filing I was sued by one of my credit card companies. The meeting of the trustees already took place when they sued me. Could they do that?
Ariano & Reppucci
| Chris Ariano
Creditors are not supposed to be in contact with you while you are under the bankruptcy protection which it sounds like you were. Once they became aware of your bankruptcy the lawsuit should have been dropped.
Answer Applies to: Arizona
The Law Office of Mark J. Markus
| Mark Markus
the basis of the lawsuit was a debt incurred prior to your filing the bankruptcy case, the lawsuit is void and the filing of it is a violation of the Automatic Stay of 11 U.S.C. 362. You should have your attorney write a letter demanding the suit immediately be dismissed, and file a notice of stay with the court where the lawsuit was filed.
Answer Applies to: California
Click to View More Answers: