Q: Should I file a Notice of Stay (CM-180) or respond to the lawsuit (PLD-C-010) after filing for Chapter 7 bankruptcy?
I am being sued by a credit card company in California Superior Court. Due to my current financial situation, I cannot afford a lawyer, so I am handling everything on my own. After receiving the summons, I decided to file for Chapter 7 bankruptcy and have already done so. Now should I file a Notice of stay proceeding (CM180) or respond to the lawsuit (PLD-C-010.)
A:
In this situation, since you have already filed for Chapter 7 bankruptcy, you should file a Notice of Stay of Proceedings (Form CM-180) with the California Superior Court where the lawsuit against you was filed. The automatic stay provision of the bankruptcy code (11 U.S.C. § 362) takes effect immediately upon filing for bankruptcy, which means that all collection actions, including lawsuits, must stop.
Here's what you should do:
1. Fill out the Notice of Stay of Proceedings (Form CM-180), which informs the court and the plaintiff (the credit card company) that you have filed for bankruptcy and that the automatic stay is in effect.
2. File the completed Form CM-180 with the Superior Court where the lawsuit was filed. Make sure to include the case number of the lawsuit on the form.
3. Serve a copy of the filed Form CM-180 on the plaintiff or their attorney, if they have one. You can do this by mail.
4. Keep a copy of the filed Form CM-180 for your records and for your bankruptcy case.
You do not need to file an answer to the lawsuit (PLD-C-010) at this time, as the automatic stay prevents the lawsuit from proceeding. The credit card company's claim against you will now be handled through the bankruptcy court as part of your Chapter 7 case.
However, if the plaintiff files a motion for relief from the automatic stay, you may need to respond to that motion in the bankruptcy court to protect your interests. If you have any questions or concerns, consider consulting with a bankruptcy attorney, even if just for a brief consultation, to ensure you are taking the appropriate steps in your case.
Timothy Denison agrees with this answer
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