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Rule to Show Cause resulting from Judgement case

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Eclueless2

Guest
How would filing bankruptcy affect a hearing on a Rule to Show Cause motion which resulted during a consumer debt case? Background: A person (stupidly but with good reason) fails to appear in court to answer for a citation to discover assets resulting from a default judgement ruling ($800). A Rule to Show Cause motion has been filed (for which the defendent will appear without doubt) and a court date has been set. If the defendant files for chap 7 or 13 protection during the period before said hearing including this original debt in the bankruptcy, what will become of that Cause hearing? Will it proceed as planned or will it be dismissed because of the automatic stay as a result of the bankruptcy? What would be that person's best course of action at that point? Thanks. (All takes place in Illinois)

Cluess from Illinois doing research for the defendant who has not sought out legal counsel on this matter
 


JETX

Senior Member
If I understand your question, you are wanting to know what impact a judgment debtor's filing for bankruptcy would have on a scheduled Show Cause hearing. The answer is.. it will stop it.

All the debtor has to do is notify the court that he has filed for bankruptcy protection and that the judgment debt is included. The court is required to cease all actions on the debt, pending final judgment from the bankruptcy court.
 

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