Q: Q: A judge granted me in small claims court. The Plaintiff; was a no show at the day of the hiring,
However on the same day; at 4pm a lawyer file a document showing the Plaintiff file from Bankrupt. The court send me a letter telling me that the case still open. They asking me to respond in 30 days , or they will be dismissed the case. Please help, dealing with that for almost a year . Thank you
A:
Sounds like 2 things crossed in the mail. If the plaintff filed bankruptcy, meaning there is a case number from the bankruptcy court, the case in civil court cannot proceed.
Even if the plaintiff did not file bankruptcy, you want the case dismissed because you are the defendant.
A: If the plaintiff has filed for bankruptcy protection, theoretically, perhaps, the case could still proceed despite the "automatic stay" of bankruptcy. However, as Mr. Kaufman indicated, it would probably be in your interest to allow the case to be dismissed.
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