Legal Question in Bankruptcy in California

Request for Dismissal from law office of creditor after 341 mtg

I just had my 341 meeting 10/10/03. I thought everything was fine until today when I received a letter from the law firm that was ttrying to sue me on behalf of a creditor - that was then main reason for me filing BK Chap 7.

The letter is a legal form saying: Request for Dismissal then other box is checked and says other: Complaint for Money

Then it says: To The Clerk Please dismiss this action as follows: Without Prejudice then another box is checked: Entire action of all parties and all causes of action.

The lawyer signed and I think there is a place for me to sign.

I Filed BK myself so I'm not familar with this. What does this mean, are these creditors still trying to get after me? Will I ever get them of my back?


Asked on 10/17/03, 10:51 pm

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

Re: Request for Dismissal from law office of creditor after 341 mtg

From the wording of what you have related, it appears that the creditor had filed a lawsuit against you in state (superior) court. Because you filed the bankruptcy, the creditor cannot pursue the lawsuit, so it is dismissing it. Once you receive your chapter 7 discharge, the creditor should be barred forever from collecting on the debt, unless it takes action in bankruptcy court. Apparently you thought that the Request for Dismissal was regarding your bankruptcy. Please check the paperwork and make sure it says toward the top "Superior Court of California." If so, that's good news. Good luck!

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Answered on 10/18/03, 2:56 am


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