If I filed for bankruptcy and later got served a summons for court over a debt I had listed on the bankruptcy petition is there anything I can do? - Bankruptcy Law Questions and Answers- LawQA.com

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If I filed for bankruptcy and later got served a summons for court over a debt I had listed on the bankruptcy petition is there anything I can do?

I filed for bankruptcy and a credit card company has still served me a summons for a debt that I had listed on the bankruptcy petition. I thought this was supposed to stop these actions. Is there any recourse I can take against the credit card company?

Answer By Linda Fessler

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First, file a copy of notice of filed bankruptcy in the court where they have sued you. Then file a complaint against them for violation of the bankruptcy law.

Answer Applies to: California
Replied: 2/22/2014

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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Yes, file a copy of the discharge with the state court and see a good bankruptcy lawyer to go after them for violating the discharge injunction.

Answer Applies to: California
Replied: 2/21/2014

Law Office of Marlin Branstetter
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Send a copy of the Notice of Filing to the attorney who represents the credit card company. This is likely a mistake and most reputable attorneys will dismiss the complaint. If they do not you or your attorney should file an Answer to the complaint indicating the debt was discharged in bankruptcy. There are civil penalties that the credit card company could incur if they pursue the litigation.

Answer Applies to: California
Replied: 2/21/2014


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Tell them to dismiss the case or you will file for contempt with the bankruptcy court.

Answer Applies to: Nevada
Replied: 2/21/2014

Answer By Lehn Law, PA
Joseph Lehn, Esq
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You are correct. Bankruptcy puts a stay on all collection efforts including lawsuits. A Suggestion of Bankruptcy needs to be filed in the credit card lawsuit to stop the proceeding. Meanwhile, you may be able to pursue sanctions against them. Contact your attorney to discuss that option.

Answer Applies to: Florida
Replied: 2/21/2014

Answer By Larry P. Smith
SmithMarco, P.C.
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Notify the attorneys who filed the lawsuit. Show them your BK documents. That ought to take care of it.

Answer Applies to: Illinois
Replied: 2/21/2014

Stuart P Gelberg
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Inform the credit card attys and the state court of your bkry case number, in writing. The lawsuit will stop.

Answer Applies to: New York
Replied: 2/21/2014

Answer By Mark O. Grater
The Law Office of M Grater LLC
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Contact the credit card company and their lawyer and give them you bankruptcy case number.

Answer Applies to: Connecticut
Replied: 2/21/2014

Answer By Daniel Garner
Garner Law Office
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The most likely scenario is that the credit card company did not receive notice of your bankruptcy. Most rational creditors will not spend money on filing a lawsuit if they know you are filing bankruptcy. The clerk of court maintains a certificate of mailing showing each creditor who was sent a bankruptcy notice, but it might have been returned in the mail because of a bad or outdated address. Before you waste a lot of time and money responding to the summons, get a copy of your hearing notice to the creditor or their attorney immediately so you know for certain that they were informed. If their address was wrong, you can file an address correction with the court free of charge. If they persist after they get actual notice of your bankruptcy, you can sue them for violating the bankruptcy stay, but only after you're certain they received notice. Chances are, they will voluntarily dismiss the suit.

Answer Applies to: Oregon
Replied: 2/20/2014

Answer By Marjorie Guymon
Goldsmith & Guymon
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Advise the attorney for the credit card company of your bk filing and provide them with a copy of the notice of filing. That should suffice. If they do not dismiss the case immediately you can file a motion to reopen your bk case and seek sanctions against them for violating the discharge injunction.

Answer Applies to: Nevada
Replied: 2/20/2014

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