Posted by John Merchant on December 02, 2005 at 19:05:33:
Filing of the BK will “stay” all civil action against the BK until that stay is lifted by the BK Court.
If the Fed District Court Plaintiff doesn’t get a Stay Order from the BK court, you can be sure the BK’s lawyer will file a Motion to Stay your proceedings in Fed District Court until that BK court can accumulate info on what BK’s assets are, etc.
Seriously, the BK Petition would have to name and serve notice on the lawsuit Plaintiff and his attorneys so they’d be among the creditors named in the BK petition.
civil suit in federal court - Posted by Frank Ruggiero
Posted by Frank Ruggiero on December 01, 2005 at 17:34:39:
Can filing a bankruptcy effectively extinguish a civil
suit for monetary damages even if the case is before a
Federal District court?
Any responses would be greatly appreciated.