Can I still be taken to court while in bankruptcy? 13 Answers as of November 21, 2014

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EDWARD P RUSSELL | EDWARD P RUSSELL
No, there is an automatic stay to prevent creditors from doing an collection activity.
Answer Applies to: Minnesota
Replied: 11/21/2014
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
If by taken to court you mean sued, it depends. You can certainly be sued for something that arose after your bankruptcy case was filed. As for claims against you that arose prior to you filing bankruptcy, they cannot sue you outside of bankruptcy court, but they can take certain actions in the bankruptcy court depending on what the basis of their claims are.
Answer Applies to: California
Replied: 11/20/2014
Barnhart Law Office
Barnhart Law Office | Bruce C Barnhart
A bankruptcy petition will stay or stop most court proceedings. A few court proceedings may continue such as child support proceedings and criminal proceedings.
Answer Applies to: Nebraska
Replied: 11/19/2014
Stephens Gourley & Bywater | David A. Stephens
Not civilly, but you can be taken to court criminally or domestically.
Answer Applies to: Nevada
Replied: 11/19/2014
D.J. Rausa, Attorney at Law | D.J. Rausa
No. It would be in violation of 11 USC 362. Make sure you notify the adverse party of your bankruptcy as soon as it is filed.
Answer Applies to: California
Replied: 11/19/2014
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    No in most cases.
    Answer Applies to: Colorado
    Replied: 11/19/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Not without the bankruptcy court's permission.
    Answer Applies to: California
    Replied: 11/19/2014
    Ronald K. Nims LLC | Ronald K. Nims
    While in bankruptcy or after your have successfully completed a bankruptcy, you cannot be taken to court in a creditor's attempt to collect a dischargeable debt. You can be taken to court for criminal (for example, a traffic ticket) and regulatory matters (for example, the state wants to take away your license as a pharmacist). You can be taken to court for nondischargeable debts - for example, child support or certain back taxes
    Answer Applies to: Ohio
    Replied: 11/19/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    The answer to every legal question is the same it depends. More information would have helped me to provide a more detailed answer to your specific question. Bankruptcy will not stop a criminal court from proceeding against you and it may not prevent a family court proceeding either. But it is true that bankruptcy does stop most kinds of civil court proceedings from going forward, although there is always that period of time between the filing of a bankruptcy and the creditors getting notice of the bankruptcy.
    Answer Applies to: Nevada
    Replied: 11/19/2014
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Generally, you can not be taken to a state court while you are in bankruptcy. Filing a bankruptcy case creates an immediate and automatic 'stay' of (virtually) all efforts to collect on any pre-petition debt. There are some exceptions, including actions to establish or collect support, and the exercise of governmental police powers. In certain circumstances, a creditor can come to the Bankruptcy Court, which is a federal court, and ask for 'Relief from Stay,' that is, permission to go ahead and sue. This is most often used by mortgage-holders, but they, like other creditors, need to have real legal grounds for seeking such permission. You would benefit from retaining a skilled bankruptcy lawyer. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 11/19/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    While you are in bankruptcy, anyone wishing to pursue a claim against you in any court, other than bankruptcy court, must obtain the permission of the bankruptcy court; this is called obtaining Relief from the Automatic Stay. there are a limited number of exceptions to the Automatic Stay (government action under police powers, actions to determine paternity, etc.) . Without knowing the specifics, I cannot tell you if an action against you outside of bankruptcy is proper.
    Answer Applies to: California
    Replied: 11/19/2014
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