I am being sued for debt, do I need to say if I filed for bankruptcy? 10 Answers as of July 11, 2013

I have filed for bankruptcy but my hearing hasn't happened yet. I am being sued for a debt on my apartment in small claims court this week. Should I tell them I am filing for bankruptcy?

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Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
The moment that you file for bankruptcy, the protections of the automatic stay 11 U.S.C. Section 362 come into effect. If you have already filed bankruptcy before your court hearing, you should definitely bring proof of the bankruptcy filing to the Court or file a Notice of Automatic Stay with the Court prior to the hearing.
Answer Applies to: California
Replied: 7/15/2011
Dan Shay Law
Dan Shay Law | Daniel Shay
Yes, definitely if the claim arose prior to filing in which case the Creditor is violating the Automatic Stay and you could ask for sanctions. Make sure Creditor is aware of Bankruptcy. Give case number and date of filing and tell them they are violating the Automatic Stay. Your Bankruptcy filing effectively killed the lawsuit.
Answer Applies to: California
Replied: 7/14/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
When bankruptcy is filed there is an automatic stay preventing continuation of collection act opm amd [emdomg lawsuits notify persons and companies who are unaware of the bankruptcy and amend the schedules to include the debt.
Answer Applies to: California
Replied: 7/4/2013
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
You state you filed, but also state as well that want to know if you should tell the landlord you are filing. If you have filed the petition, you have filed, and the landlord should have been named as a creditor, which would stop the lawsuit.
Answer Applies to: California
Replied: 7/7/2011
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
If have actually filed for bk then you are protected by the automatic stay. Tell them you filed bk and provide the case no.
Answer Applies to: California
Replied: 7/7/2011
    Law Offices of Michael T. Krueger
    Law Offices of Michael T. Krueger | Michael Krueger
    If you are being sued and you've filed for bankruptcy you absolutely need to notify the court and they must stay the action. If you haven't yet filed, threatening to file has no sway on the court. You either have a bankruptcy case number or you don't.
    Answer Applies to: California
    Replied: 7/6/2011
    Law Office of Xochitl Anita Quezada
    Law Office of Xochitl Anita Quezada | Xochitl Anita Quezada
    It should have been included in your bankruptcy.
    Answer Applies to: California
    Replied: 7/4/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes, tell them. There is an automatic stay in effect, tell them right away.
    Answer Applies to: California
    Replied: 7/11/2013
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    They need to receive notice of your BK filing.
    Answer Applies to: California
    Replied: 7/4/2013
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Yes. Why would you not want to tell the landlord or whoever is suing you? You need to tell the landlord and list the debt in your bankruptcy schedule, so that the landlord gets notice of the bankrutpcy. In fact, you are absolutely required to list all your debts. The bankruptcy filing automatically stops all lawsuits so you must make sure whoever is suing you knows that you are in bankruptcy.
    Answer Applies to: California
    Replied: 7/6/2011
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