QUESTION

Can I still be taken to court while in bankruptcy?

Asked on Nov 18th, 2014 on Bankruptcy - California
More details to this question:
N/A
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6 ANSWERS

A bankruptcy petition will stay or stop most court proceedings. A few court proceedings may continue such as child support proceedings and criminal proceedings.
Answered on Nov 19th, 2014 at 3:06 PM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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While in bankruptcy or after your have successfully completed a bankruptcy, you cannot be taken to court in a creditor's attempt to collect a dischargeable debt. You can be taken to court for criminal (for example, a traffic ticket) and regulatory matters (for example, the state wants to take away your license as a pharmacist). You can be taken to court for nondischargeable debts - for example, child support or certain back taxes
Answered on Nov 19th, 2014 at 3:04 PM

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No in most cases.
Answered on Nov 19th, 2014 at 3:03 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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The answer to every legal question is the same it depends. More information would have helped me to provide a more detailed answer to your specific question. Bankruptcy will not stop a criminal court from proceeding against you and it may not prevent a family court proceeding either. But it is true that bankruptcy does stop most kinds of civil court proceedings from going forward, although there is always that period of time between the filing of a bankruptcy and the creditors getting notice of the bankruptcy.
Answered on Nov 19th, 2014 at 11:03 AM

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Bankruptcy Attorney serving Walnut Creek, CA at Alan E. Ramos Law Offices
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While you are in bankruptcy, anyone wishing to pursue a claim against you in any court, other than bankruptcy court, must obtain the permission of the bankruptcy court; this is called obtaining Relief from the Automatic Stay. there are a limited number of exceptions to the Automatic Stay (government action under police powers, actions to determine paternity, etc.) . Without knowing the specifics, I cannot tell you if an action against you outside of bankruptcy is proper.
Answered on Nov 19th, 2014 at 10:06 AM

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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

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