If I am being taken to court by a lender who I listed when I filed for bankruptcy 4 years ago, what can possibly happen when I go to court?

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If I am being taken to court by a lender who I listed when I filed for bankruptcy 4 years ago, what can possibly happen when I go to court?

Asked on August 7, 2012 under Bankruptcy Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your lender cannot take you to court. If you filed for bankruptcy and the bankruptcy is still ongoing, then your lender is under an automatic stay to prevent such court actions or collection activities. It is a different situation however if your lender was able to obtain a lift from the automatic stay.  At this point, you need to review everything and speak with the trustee. If this is still ongoing, you need to put in a motion to block the lender. If the bannkruptcy discharged your debt, you need to go ahead and show this to the lender to ensure it stops all collection/litigation activities.


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