Illegal pursuit of case after bankruptcy filing

[rvidair]

What is the name of your state (only U.S. law)? FL
I am being sued in a dangerous instrumentality case. I filed a chapter 7 a couple of weeks ago, and I am still getting emails of service from opposing council concerning dates setup for an arbitration hearing. Is this not illegal to continue this after a bankruptcy filing?

 

[FlyingRon]

You need to take this to your lawyer but there are a number of reasons why the stay probably doesn't apply here. This isn't a debt action, and I suspect you failed to notify the party as to your bankruptcy status.

 

[despritfreya]

You need to take this to your lawyer but there are a number of reasons why the stay probably doesn't apply here. This isn't a debt action. . .

Actually the doctrine is simply a common law doctrine making the owner of an inherently dangerous instrument liable for damages caused by the use of that instrument. It is a civil matter and therefore stayed by the bk filing. The following link gives a good explanation of the doctrine.


http://definitions.uslegal.com/d/dangerous-instrumentality-doctrine/


Des.

 

[LdiJ]

Actually the doctrine is simply a common law doctrine making the owner of an inherently dangerous instrument liable for damages caused by the use of that instrument. It is a civil matter and therefore stayed by the bk filing. The following link gives a good explanation of the doctrine.


http://definitions.uslegal.com/d/dangerous-instrumentality-doctrine/


Des.

Then I think that circles us back around to the notion that the OP has not properly notified the opposing attorney that he has filed for bankruptcy.

 

[despritfreya]

Then I think that circles us back around to the notion that the OP has not properly notified the opposing attorney that he has filed for bankruptcy.

Agreed.

Des.

 

[FlyingRon]

If it's stayable, then as I stated in my initial post, chances are they neglected to inform them there was a filing.

However, thanks for the spurious definition of dangerous insturment, but you are WRONG if you think bankruptcy stays ALL civil actions.
There are a class of civil actions specifically not stayed and a class specifically stayed. Even those that can be stayable have limitations on whether the stay applies based on the relative dates of the filings and cause of action. Further, if it's not a debt collection, it's quite likely the stay is going to get lifted so the case may proceed (collecting on the judgement may be another story).