pursuing case even after bankruptcy filing

R

rvidair1

Guest
Jurisdiction
Florida
I am being sued in a dangerous instrumentality case. I filed a chapter 7 a couple of weeks ago, and I am still getting emails of service from opposing council concerning dates setup for an arbitration hearing. Is this not illegal to continue this after a bankruptcy filing?
 
I am being sued in a dangerous instrumentality case. I filed a chapter 7 a couple of weeks ago, and I am still getting emails of service from opposing council concerning dates setup for an arbitration hearing. Is this not illegal to continue this after a bankruptcy filing?

Such communications MIGHT violate the BK stay order.
Ask your attorney, or if you're "pro se"; file a motion seeking relief.
 
I assume you actually notified the Plaintiff and his/her attorney of the filing. By notifying, I mean 1) put their full names and complete addresses on the master mailing list you filed with the bk court and 2) physically picked up the phone to speak to the attorney (or his/her office staff) and then fax or email to him/her evidence of the bk filing, including the case number. In addition, you should have filed a Notice of Bankruptcy Filing in the state court where you are being sued.

If you haven't done the above, how would the Plaintiff know to cease the state court matter?

Des.
 
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