RSSBankruptcy when in other court cases
Feb 13
The reality is that most court clerks won’t know what to do with a stay notice from the bankruptcy court unless it specifically has the caption of the state court case with the case number and proof of service to the other parties in the action. I’ve had this discussion with local state court clerks and the refuse to speculate whether or not bankruptcy stay notice applies to a particular case and I can see their point. If someone named John Smith files for bankruptcy, I don’t necessarily think they need to look up every single lawsuit filed by John Smith to see if the stay applies. One case in particular is tricky and, for a number of reasons, I want to not only give stay notice but also file a suggestion of bankruptcy. (Opposing counsel doesn’t “get” the importance of the stay but it isn’t in my client’s best interest to hit opposing counsel over the head right now so I want the District Court judge to be made aware of the bankruptcy.) I think the “suggestion of Bankruptcy” form is really a matter of local practice. When I encounter such a situation I simply mail the court a letter referencing the case before it, giving the filing info(date filed, docket #, chapter)and stating that the civil matter is stayed pursuant to 11 USC 362 withj cc top opposing counsel.
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