[hgprod2002]

I filed a Ch7, a cc(credit card)'s attorney is trying to obtain a judgement in state/county court for portion of the cc balance. How do I file the proper paperwork to move the case from the lower court to the bankruptcy court where I filed my Chapter 7?

[donf]

If the account was included in the bankruptcy (Federal Level) then all you have to do is to refer the CC attorney to the lawyer that handled your bankruptcy. He will know how to proceed from there.

[twinkiedooter]

You need to formally notify the attorney about your bankruptcy proceedings giving them the name of the Court, address, and your bankruptcy case number.

Didn't you list this creditor in your original bankruptcy proceedings? If you did not you need to do an amended filing to list this creditor.

You also need to formally notify the court where the judgment case is located of your bankruptcy proceedings. This does not "move" the case from the lower court to the bankruptcy court. It simply "stays" the county court proceedings.

If you are doing your own bankruptcy filing you obviously missed this creditor as the attorney would not now be going for a judgment against you as the case would be "stayed" and not tried.

File those notifications immediately otherwise you will end up with a judgment against you.

If your bankruptcy case has already gone through the creditor's meeting before the Trustee and this creditor was not included you are basically out of luck. But if your case is still in the bankruptcy court then you can proceed with the notifications.