Legal Question in Civil Litigation in Washington
Judgment awards and bankrupcy law
What takes precedent over an order for defendant to appear for a "debtor examination" and the defendant filing bankruptcy on the same day as this supplmental proceeding was held where the jude hearing the proceeding where only the plaintiff (judgment creditor) showed and the court issued a bench warrant for defendant's arrest for contempt of court?
1 Answer from Attorneys
Judgment and Bankruptcy
It depends on when the Bankruptcy Peition was actually filed If it was before the time of the hearing, it has precedence, and the contempt warrant is probably not effective (However it is good practice to advise the local court of the filing before the hearing). If the peition was filed after the contempt warrant was issued, the warrant is vaild, but should be quashed based on the BK filing. You should advise the court that issued the warrant of the BK filing ASAP. The matter is now within jurisdiction of the BK court.This is just some general information and may or may not apply to your situation. Therefore you should consult with an attorney in your state.
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