Hey Group,
I just filed Ch-7 BK but have a Judgment from 2
monthe ago. The judge ordered us to send the plaintiff a "Fact
Information Sheet" when we lost the Judgment case but I have not sent
it in yet. Now the Plaintiff has filed a "Show of Cause" hearing for
failure to file the Info. sheet. If I file this sheet then the
plaintiff will garnish my wages. What can I do to prevent him from
garnishing my wages? And will I be charged with contempt of court if I
don't file the Info. sheet?
Sincerely Dan
Dan wrote:
Hey Group, I just filed Ch-7 BK but have a Judgment from 2 monthe ago. The judge ordered us to send the plaintiff a "Fact Information Sheet" when we lost the Judgment case but I have not sent it in yet. Now the Plaintiff has filed a "Show of Cause" hearing for failure to file the Info. sheet. If I file this sheet then the plaintiff will garnish my wages. What can I do to prevent him from garnishing my wages? And will I be charged with contempt of court if I don't file the Info. sheet? Sincerely Dan
You included this judgment in your Ch. & filing, right? The court that
awarded the judgment should be notified by the BK court and a stay against
any further judicial proceedings will go into effect. You may want to
deliver a copy of the bankruptcy filing notice to that court to speed up
enactment of the stay.
Brett Weiss
02-03-2004, 08:29 AM
Have your bankruptcy attorney file a Suggestion of Bankruptcy in the case.
That will take care of it.
--
Brett
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* Personal Injury/Malpractice Bankruptcy *
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* BRETT WEISS, P.C. *
* Attorneys at Law *
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* Small Business Estates & Estate Planning *
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The Small Print: This response is for discussion purposes only. It isn't
meant to be legal advice and you shouldn't treat it as such. If you want
legal advice, speak with a local lawyer familiar with your state's laws who
can review *all* of the facts and the law applicable to your situation.
************************************************** ***************
"Dan" <rrabbit1@bellsouth.net> wrote in message
news:7s2v10thc2n93og80kl88bda9irhtkluc5@4ax.com... Hey Group, I just filed Ch-7 BK but have a Judgment from 2 monthe ago. The judge ordered us to send the plaintiff a "Fact Information Sheet" when we lost the Judgment case but I have not sent it in yet. Now the Plaintiff has filed a "Show of Cause" hearing for failure to file the Info. sheet. If I file this sheet then the plaintiff will garnish my wages. What can I do to prevent him from garnishing my wages? And will I be charged with contempt of court if I don't file the Info. sheet? Sincerely Dan
The automatic stay will enjoin the creditor from taking any action to
enforce the judgement. It does not enjoin the Judge. Normally such a
"fact sheet" although sent out by the court was prepared by the
creditor. Talk with your attorney, but I would ignore it.
Have you notifed the court of the bankruptcy filing? Doing so would
stop these types of things. (assuming of course the judgment is
dicahargable)
Dan wrote:
Hey Group, I just filed Ch-7 BK but have a Judgment from 2 monthe ago. The judge ordered us to send the plaintiff a "Fact Information Sheet" when we lost the Judgment case but I have not sent it in yet. Now the Plaintiff has filed a "Show of Cause" hearing for failure to file the Info. sheet. If I file this sheet then the plaintiff will garnish my wages. What can I do to prevent him from garnishing my wages? And will I be charged with contempt of court if I don't file the Info. sheet? Sincerely Dan