Can a there be a motion to lift an automatic stay to pursue a lawsuit in another state?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a there be a motion to lift an automatic stay to pursue a lawsuit in another state?

I have been in Chapter 7 for 10 months. The only thing holding it up is the plaintiff in this lawsuit filed an adversary complaint; we are scheduled for a trial in bankruptcy court in about 5 months. Now they just filed to have the stay lifted to continue the lawsuit in other state and I don’t understand this.

Asked on September 20, 2011 under Bankruptcy Law, Nevada

Answers:

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 13 years ago | Contributor

not enough facts to answer.  It depends on what the basis of the adversary complaint is and why they are seeking to litigate in a different court.  That is common, but it really depends on what they are litigating.   If they are objecting to the discharge of the debt, there may be certain findings they need the state court to make.   As far as doing it in a court of another state, you may have grounds to have the case moved elsewhere, or you can oppose the Motion for Relief From Stay citing one of the grounds that it is too expensive for you to travel and defend in that forum.


However, again, I don't have enough facts to really answer.  You need to consult with a bankruptcy attorney in your area who can review all the relevant documents and advise accordingly.

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

bankruptcy blog: http://bklaw.com/bankruptcy-blog/

Follow Me on Twitter:  @bklawr

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 13 years ago | Contributor

not enough facts to answer.  It depends on what the basis of the adversary complaint is and why they are seeking to litigate in a different court.  That is common, but it really depends on what they are litigating.   If they are objecting to the discharge of the debt, there may be certain findings they need the state court to make.   As far as doing it in a court of another state, you may have grounds to have the case moved elsewhere, or you can oppose the Motion for Relief From Stay citing one of the grounds that it is too expensive for you to travel and defend in that forum.


However, again, I don't have enough facts to really answer.  You need to consult with a bankruptcy attorney in your area who can review all the relevant documents and advise accordingly.

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

bankruptcy blog: http://bklaw.com/bankruptcy-blog/

Follow Me on Twitter:  @bklawr


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption