I'm Being Sued By Discover
So, here's the question-- I recieved my summons, ahead of when I was going to file with the court for a chapter 7 (might was well get it over...). Now, the suit is in Riverside (CA) superior court. Once I file for BK, and the automatic stay goes into effect, who do I notify? Also, does it affect the court case itself, or simply collection actions after that case? I.E., do I have to show up in court, just notify the clerk of the court, or what?
California Rules of Court, Rule 255(d) The party who requested or caused the stay must immediately file a notice of the stay and attach a copy of the order or other document showing that the proceedings are stayed. If the person who requested or caused the stay has not appeared, or is not subject to the jurisdiction of the court, the plaintiff must immediately file a notice of the stay and attach a copy of the order or other document showing that the proceedings are stayed. You would probably just notify the clerk of court....they would likely take it off the case calendar. The bankruptcy filing stays all collection and court action. As to the debts listed on your petition (and probably even towards debts you might have omitted), once your discharge is granted, there will be a permanent injunction against any further proceedings.
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