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    crownpacific's Avatar
    crownpacific Posts: 1, Reputation: 1
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    #1

    Jul 21, 2010, 01:47 PM
    Legalese - vacate complaint
    I am in a Civil suit regarding fraud/breach of contract/warranty. I have not answered the complaint, but instead filed bankruptcy. Looking at the documents filed with the Superior Court of Ventura I found that the CMC (Case Management Conference) scheduled for August was vacated. Under pending hearings it is showing no results found. Under past events is now showing no results found. What does this mean. Is the case dropped. I thought once I filed bankruptcy the Civil Suite would be At Stay. Advise please.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jul 21, 2010, 04:15 PM
    Quote Originally Posted by crownpacific View Post
    ... What does this mean. Is the case dropped. I thought once I filed bankruptcy the Civil Suite would be At Stay. Advise please.
    It means that the case has been properly stayed pending the bankruptcy. What did you expect would happen? The clerk of court shread the file and pretend it was never filed?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jul 21, 2010, 05:52 PM

    If the bankruptcy is allowed and discharged, it should take care of the suit, ( they can object in bankruptcy court of course) if they are claiming fraud on your part.

    If for some reason the bankruptcy is not discharged, or if that debt is found to be exempt from bankruptcy, the law suit will again continue

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