Legal Question in Civil Litigation in Georgia

If your defendant has filed bankruptcy, the litigation is stayed (put on hold) until either his debt is discharged or the bankruptcy is dismissed, at which time you can resume the litigation. It is the bankruptcy court's responsibility to deal with the assets, however, as a creditor, you have a right to attend the creditors' meetings.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Unless you have obtained an order from the Bankruptcy Court allowing you to proceed, doing anything to attempt to collect a debt from someone in bankruptcy is a violation of federal law and subject you to sanctions.

In addition to my prior post, pursuing a debt after a discharge has been granted is also a violation of federal law and subjects you to severe sanctions, so resuming the litigation at that point is not an option.

You may be in serious trouble right now. Get a lawyer immediately. When a bankrutcy is filed, you MUST stay the proceeding you filed and cannot go to trial unless the bankruptcy court permits. You may be able to file certain things in bankruptcy court. Proceeding improperly can subject you to a large monentary penalty from the bankruptcy court.