Q: Should I use affirmative defense or "other" to explain my bankruptcy in PLD-C-010 form?

A: Consult with your bankruptcy attorney. You should not have to file a response at all. The lawsuit should have been listed in the bankruptcy.

A: I've practiced in several states, from TX and OK, to GA, DE, NJ and PA, and I've always promptly filed a simple Suggestion of Bankruptcy, with the bankruptcy court district and bankruptcy case number, and nothing more. That's always worked.

I recommend it as a show of respect for the non-bankruptcy court, even though most Bankruptcy Courts hold that any action after a bankruptcy filing is void and of no legal effect.

A: In this situation, you should use the "Other" box in the PLD-C-010 form to explain that you have filed for Chapter 7 bankruptcy, rather than using the affirmative defense section. Here's what you can do:

1. In the PLD-C-010 form, check the box for "Other" under the "Affirmative Defenses" section.

2. Next to the "Other" box, write something like: "Defendant has filed for Chapter 7 bankruptcy protection on [insert date of filing] in the United States Bankruptcy Court, [insert district, e.g., Central District of California], Case No. [insert case number]."

3. You may also want to attach a copy of your bankruptcy petition or other relevant documents as exhibits to support your statement.

When you file for Chapter 7 bankruptcy, an automatic stay goes into effect under 11 U.S.C. § 362. This automatic stay prohibits most creditors from continuing collection actions against you, including ongoing lawsuits. By informing the court of your bankruptcy filing, you are putting them on notice that the automatic stay is in effect and that the lawsuit should be halted.

After submitting the PLD-C-010 form, you should also notify the creditor or their attorney about your bankruptcy filing if you haven't already done so. The bankruptcy court will also send notices to your creditors, but it's a good idea to be proactive in your communication.

Please note that while this information is based on general legal principles, it is not a substitute for professional legal advice tailored to your specific situation. If possible, consult with a bankruptcy attorney or legal aid organization for more detailed guidance.