I am a creditor in a Chptr 7 bankruptcy that was denied 12/25. When is the automatic stay lifted so that I can move forward with my lawsuit, which was filed prior to the filing of bankruptcy?
As part of this bankruptcy, there is an adversary proceeding that does not involve me and is now on appeal.
However, a Chief bankruptcy judge and a district court judge in Texas have both denied him a discharge. When is the automatic stay lifted? And can you site the statute for me to pass to my civil attorney?
He owes me over 200K so I want to move forward with my lawsuit ASAP.
2006-06-25 09:40:04 · 6 answers · asked by Tracy S 1 in Business & Finance ➔ Credit
I prefer only answers from people who actually KNOW, not from people guessing or making snide remarks; otherwise, it's no help to me and only makes you look like a fool. Civil attorneys generally do not know a lot about bankruptcy litigation. Filing bankruptcy and litigating bankruptcy are two totally different things, Kat.
2006-06-25 10:02:34 · update #1
The bankruptcy court sends out a notice to you, just as you received your automatic stay as a creditor. Did you attend the creditors meetings? Was it secured and did you get a reaffirmation agreement?
2006-06-25 16:38:41 · answer #1 · answered by DollyLama 5 · 1⤊ 0⤋
Did you think to ask the trustee? It's his job to look after the interests of the creditors. If the bankruptcy was dismissed, he would have sent you a letter informing you the say had been lifted. This information should also be readily available in the bankruptcy court records.
This is a no-brainer question, and I'm amazed your civil attorney does not know all of this.
2006-06-25 16:58:41 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It potential that your x in all probability fell at the back of on his/her financial ruin 13 Trustee money and the financial ruin advance into pushed aside. whilst a financial ruin 13 is pushed aside, the computerized stay is straight away lifted and lenders are allowed to renew sequence pastime. The "computerized stay" is the order that prohibits sequence pastime on an identical time as a debtor is in an lively bankrutpcy proceeding. in case you have been a creditor on your x's financial ruin, you at the instant are allowed to objective to hold together any charges owed. in case you have been a cosignor on any charges coated interior the bankrutpcy, you will additionally lose the secure practices of the computerized stay and the lenders might attempt to hold together any charges which you owe.
2016-10-31 11:28:43 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Stay is over when appeals exhausted--- your civil attorney knows this, instead of questioning his advice here in cyberspace, ask him to show you the statute~~ otherwise what are you paying attorney for?
2006-06-25 09:57:37 · answer #4 · answered by kat4use 3 · 0⤊ 0⤋
to get an answer from an attorney, I recommend the site: http://forum.freeadvice.com
They know their stuff there, and you'll get an accurate answer.
2006-06-30 05:46:08 · answer #5 · answered by Mama Pastafarian 7 · 0⤊ 0⤋
the automatic stay has been lifted and you can go after him now.
get your money a.sa.p
2006-06-25 09:50:22 · answer #6 · answered by familyhome4562@sbcglobal.net 1 · 0⤊ 0⤋