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.
Answered on Nov 19th, 2014 at 10:06 AM