Phoenix, AZ asked in Bankruptcy for Arizona

Q: Creditor admits to me that they received our filing for bankruptcy in February 2018, but still filed a civil complaint.

A creditor that is included in my bankruptcy petition has filed a civil complaint in justice court. I spoke with them today, they admitted they received notice of the bankruptcy last month (February 2018) but still filed the complaint in justice court this month and we were served with the complaint yesterday March 22 2018. It’s a debt buyer for a unsecured credit card. Should I hire an attorney to file a motion against them? And if so, would they be responsible for all attorney fees?


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1 Lawyer Answer
David Earl Phillips
David Earl Phillips
  • Bankruptcy Lawyer
  • Nashville, TN

A: Yes, you should see a bankruptcy lawyer as this sounds like a violation of the automatic stay. You may be entitled to damages that could include attorney fees. Hope it works out. Good luck!

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