Legal Question in Bankruptcy in California

Filing an answer to summons

Filed bankruptcy in 09/2007. Discharge to be in 12/2007. In 10/2007, received a summons from one of the creditors in the bk. At the time the summons was issued, creditor had not yet been notified of the bk. Does the law require that i pay to file an answer on a creditor that has since been notified of the bk? I can't afford to pay for a file fee that will go to waste if the bk notification will overide the summons. Please advise.


Asked on 10/29/07, 1:17 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Filing an answer to summons

File a notice of stay with the state court, and serve by mail a copy of the notice on the plaintiff's attorney. Attach to it the bankruptcy court's Notice of Commencement of Case. You can find the notice on the Judicial Council's forms web page. There should be no filing fee.

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Answered on 10/29/07, 9:13 pm


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