Default Obtained in Civil Case while BK Pending

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Is there a defense to the civil case or does he/she owe this debt?
________________________________
To: cdcbaa@yahoogroups.com
Sent: Fri, July 9, 2010 5:18:45 PM
Subject: [cdcbaa] Default Obtained in Civil Case while BK Pending
Listmates-
I have an individual that came to me to set aside a default judgment on a civil
case. He was losing his home, went to an attorney who filed a BK petition, but
only listed the lender on the schedules. The idea was that the schedules would
be amended later. They actually filed twice, once a ch7 that was dismissed for
failure to comply with the deficiency notice. The second case was a Ch 13 that
was dismissed for failure to to attend the 341 and plan confirmation hearing.
So, the plaintiff in the civil court never knew there was BK case pending at
any time and neither debtor nor his BK attorney notified the court in the civil
case.
While the Ch 7 is pending and before debtor is dismissed, Plaintiff in the civil
case obtains a default.
While the CH 13 is pending, after Debtor is dismissed but before case is
terminated (Tee brought motion to disgorge attorney fees), Plaintiff in civil
case gets a judgment.
There is currently no BK pending. Because of the level of unsecured debt he
doesnt qualify for a ch 13.
My questions is whether the the fact that there was a pending BK, and thus the
automatic stay was in effect, make the default void automatically. Or, would it
matter that the attorney never listed the Plaintiff and/or civil action on the
petition knowing the civil case was pending? In the CH 7 they didnt do any of
the schedules but failed to list the plaintiff in the list of creditors. In the
Ch 13, they did the schedules and failed to list either the plaintiff or the
lawsuit.
Any assistance/guidance is greatly appreciated. Thank you in advance.
Clemente Franco
Law Offices of Clemente Franco, APC
1295 W. Sunset Blvd.
Los Angeles, CA 90026
Tel: 213.213.2500
Fax: 213.213.2501
Is there a defense to the civil case or does he/she owe this debt?From: c f <francoc123@yahoo.com>To: cdcbaa@yahoogroups.comSent: Fri, July 9, 2010 5:18:45 PMSubject: [cdcbaa] Default Obtained in Civil Case while BK Pending

Listmates-I have an individual that came to me to set aside a default judgment on a civil case. He was losing his home, went to an attorney who filed a BK petition, but only listed the lender on the schedules. The idea was that the schedules would be amended later. They actually filed twice, once a ch7 that was dismissed for failure to comply with the deficiency notice. The second case was a Ch 13 that was dismissed for failure to to attend the 341 and plan confirmation hearing. So, the plaintiff in the civil court never knew there was BK case pending at any time and neither debtor nor his BK attorney notified the court in the civil case.While the Ch 7 is pending and before debtor is dismissed, Plaintiff in the civil case obtains a
default.While the CH 13 is pending, after Debtor is dismissed but before case is terminated (Tee brought motion to disgorge attorney fees), Plaintiff in civil case gets a judgment.There is currently no BK pending. Because of the level of unsecured debt he doesnt qualify for a ch 13.My questions is whether the the fact that there was a pending BK, and thus the automatic stay was in effect, make the default void automatically. Or, would it matter that the attorney never listed the Plaintiff and/or civil action on the petition knowing the civil case was pending? In the CH 7 they didnt do any of the schedules but failed to list the plaintiff in the list of creditors. In the Ch 13, they did the schedules and failed to list either the plaintiff or the lawsuit. Any assistance/guidance is greatly appreciated. Thank you in advance.Clemente FrancoLaw Offices of Clemente Franco,
APC1295 W. Sunset Blvd.Los Angeles, CA 90026Tel: 213.213.2500Fax: 213.213.2501

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Yahoo Bot
Posts: 22904
Joined: Sun Oct 18, 2020 11:38 pm


Listmates-
I have an individual that came to me to set aside a default judgment on a civil
case. He was losing his home, went to an attorney who filed a BK petition, but
only listed the lender on the schedules. The idea was that the schedules would
be amended later. They actually filed twice, once a ch7 that was dismissed for
failure to comply with the deficiency notice. The second case was a Ch 13 that
was dismissed for failure to to attend the 341 and plan confirmation hearing.
So, the plaintiff in the civil court never knew there was BK case pending at
any time and neither debtor nor his BK attorney notified the court in the civil
case.
While the Ch 7 is pending and before debtor is dismissed, Plaintiff in the civil
case obtains a default.
While the CH 13 is pending, after Debtor is dismissed but before case is
terminated (Tee brought motion to disgorge attorney fees), Plaintiff in civil
case gets a judgment.
There is currently no BK pending. Because of the level of unsecured debt he
doesnt qualify for a ch 13.
My questions is whether the the fact that there was a pending BK, and thus the
automatic stay was in effect, make the default void automatically. Or, would it
matter that the attorney never listed the Plaintiff and/or civil action on the
petition knowing the civil case was pending? In the CH 7 they didnt do any of
the schedules but failed to list the plaintiff in the list of creditors. In the
Ch 13, they did the schedules and failed to list either the plaintiff or the
lawsuit.
Any assistance/guidance is greatly appreciated. Thank you in advance.
Clemente Franco
Law Offices of Clemente Franco, APC
1295 W. Sunset Blvd.
Los Angeles, CA 90026
Tel: 213.213.2500
Fax: 213.213.2501
Listmates-I have an individual that came to me to set aside a default judgment on a civil case. He was losing his home, went to an attorney who filed a BK petition, but only listed the lender on the schedules. The idea was that the schedules would be amended later. They actually filed twice, once a ch7 that was dismissed for failure to comply with the deficiency notice. The second case was a Ch 13 that was dismissed for failure to to attend the 341 and plan confirmation hearing. So, the plaintiff in the civil court never knew there was BK case pending at any time and neither debtor nor his BK attorney notified the court in the civil case.While the Ch 7 is pending and before debtor is dismissed, Plaintiff in the civil case obtains a
default.While the CH 13 is pending, after Debtor is dismissed but before case is terminated (Tee brought motion to disgorge attorney fees), Plaintiff in civil case gets a judgment.There is currently no BK pending. Because of the level of unsecured debt he doesnt qualify for a ch 13.My questions is whether the the fact that there was a pending BK, and thus the automatic stay was in effect, make the default void automatically. Or, would it matter that the attorney never listed the Plaintiff and/or civil action on the petition knowing the civil case was pending? In the CH 7 they didnt do any of the schedules but failed to list the plaintiff in the list of creditors. In the Ch 13, they did the schedules and failed to list either the plaintiff or the lawsuit. Any assistance/guidance is greatly appreciated. Thank you in advance.Clemente FrancoLaw Offices of Clemente Franco,
APC1295 W. Sunset Blvd.Los Angeles, CA 90026Tel: 213.213.2500Fax: 213.213.2501

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