Expert: Mark J. Markus- California Bankruptcy Attorney - 11/4/2006

Question
This is the first time I am filing for bankruptcy ever.  Infact this lwayer is on the list of creditors that I am filing against (my luck with timing).  So are you saying that they can't move forward with trying to put a judgement against me?   How long does a person have between a potential lawsuit towards a judgement and filing?
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-----Question-----
My bankruptcy lawyer is away until Nov. 7.  She is filing for me the day she comes back.  Yet this Friday I received a certified letter in the mail that I am being sued.  I have 35 days to respond.  Once she files it will be within the 35 day answer period.  My answer is that I have filed bankruptcy.  Can they still sue me at that point?
-----Answer-----
Assuming you haven't had a prior bankruptcy case dismissed in the past year, when you file this new one, your creditors must stop any collection activity.

Answer
I don't know what the time-frame is in New Jersey, but they certainly can't get a judgment against you before your response time has elapsed.  When your lawyer gets back into town, you should ask him/her to explain to you the concept of the automatic stay.  It is the main basis for filing a bankruptcy case...