Carrollton, TX asked in Gov & Administrative Law and Bankruptcy for Texas

Q: How to have a state district court judge disqualified or recused in Dallas?

This judge has "stayed" my case against 4 Defendants, because one filed for bankruptcy. Basically all 4 defendants are benefiting from bankruptcy, when only one filed for it.

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: The fact that a judge has stayed your case due to a bankruptcy filing is not grounds for disqualification or recusal.

If you believe the stay is improper, you can file a petition for writ of mandamus with the court of appeals.

You can also file a motion to lift the stay in the bankruptcy court.

I strongly suggest you talk to a bankruptcy or civil trial attorney first to see if the stay is improper and to determine if you have available grounds to lift the stay in the bankruptcy court.

There are circumstances where one defendant’s bankruptcy can require a stay of a pending lawsuit even against other related defendants who have not filed bankruptcy.

There are also circumstances where non-suiting the bankrupt defendant can allow to proceed against the non-bankrupt defendants.

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