Crazy small claims situation
Posted: Mon Apr 11, 2011 11:27 am
Ch 7 Debtor - no asset case. Small Claims court in Van Nuys was given notice -CM180 was filed.
The court proceeded with the hearing anyway and granted a judgment against the debtor, in violation of the stay.
When I brought it to the courts attention they vacated the judgment but scheduled a hearing for later this month. The Notice of Stay is on the court record but they are proceeding any way.
In the meanwhile the debtor received her discharge.
Perhaps the court believes they have regained jurisdiction because of the discharge.
This is nuts. How do I get this case dismissed? Can I "remove it" to the bankruptcy court?
The dollar amount here is under $1,000 which isn't worth fighting over but is a huge amount of money to this debtor and this creditor will garnish her wages.
Thanks. Shawn
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