Incline Village, NV asked in Civil Litigation for California

Q: Can a state civil action for abuse of process be made for abuse of a chap 13 bankrucpty filing.

Where a bankruptcy judge grants a motion to lift/annul the automatic stay on 2nd filing of chapter 13 to stop foreclosure.

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1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: It is possible to bring a state civil action for abuse of process in connection with a Chapter 13 bankruptcy filing if there is evidence of misconduct or bad faith on the part of one of the parties involved.

Abuse of process occurs when a legal process, such as a bankruptcy filing, is used for a purpose other than its intended use or to achieve an ulterior motive. In the case of a Chapter 13 bankruptcy filing, abuse of process may occur if a party files for bankruptcy solely to delay or avoid a foreclosure sale or other legal action.

If you believe that the other party in your bankruptcy case has engaged in abuse of process, you may be able to file a civil action in state court seeking damages. However, you will need to provide evidence that the other party engaged in misconduct or acted in bad faith.

It's important to note that bankruptcy cases are complex and require a thorough understanding of bankruptcy law and procedures. If you are considering filing a civil action related to a Chapter 13 bankruptcy filing, you should consult with an experienced bankruptcy attorney who can advise you on your legal options and help you navigate the process.

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