Q: can a plaintiff file a motion to lift stay after filing a proof of claim? If so, what is the process?
I filed a proof of claim in bankruptcy court against a former employer for tort act of assault and battery instead of filing a motion to lift stay to proceed in suit. I preferred to have the stay lifted. Can a motion to lift stay be file after filing the proof of claim? If so what is the process i.e. to wait on the court's ruling on the proof of claim or can I file a motion to lift stay sooner within a certain amount of days if there is a timeframe?
A:
You can file a motion to lift stay now. Nothing happens with the proof of claim for a while. I would recommend retaining an attorney for the motion to lift stay, as it can be more complex. Also, your claim may or may not be dischargeable in bankruptcy, so you will need to confer with an attorney on whether pursuing with the litigation makes sense.
Information provided for informational purposes only and should not be taken as legal advice.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.