What constitutes violation of the automatic stay

[pro_perdef]

What is the name of your state (only U.S. law)? Oregon

I filed bankruptcy last week, and I have an active pending lawsuit against me. We properly filed a notice of bankruptcy and automatic stay with the court where the lawsuit was pending, and the Plaintiffs attorney was served with the notice at 8:05 am on Thursday 4/28. At 1:45 pm on the same day the Plaintiffs filed motions with the court where the lawsuit is pending, etc...ignoring the automatic stay.

There has been some discrepancy in opinions as to whether or not this violates the automatic stay or not. Some sources say they can file the motions, but the court cannot act on them and I don't have to respond to them. Other sources say they're ignoring the stay and are in willful violation.

Anyone have any experience with this?

 

[pro_perdef]

Anyone? Bueller? Bueller?

 

[Indiana Filer]

What is the name of your state (only U.S. law)? Oregon

I filed bankruptcy last week, and I have an active pending lawsuit against me. We properly filed a notice of bankruptcy and automatic stay with the court where the lawsuit was pending, and the Plaintiffs attorney was served with the notice at 8:05 am on Thursday 4/28. At 1:45 pm on the same day the Plaintiffs filed motions with the court where the lawsuit is pending, etc...ignoring the automatic stay.?

Is it possible the plaintiff hadn't yet been served with your notice of bankruptcy, therefore they didn't know it was filed.

Is this a debt of some kind, or is it a tort issue? What kind of lawsuit is filed against you?

I have a question for those more experienced with BK.

If the lawsuit pending against OP is a tort of some sort, and if the lawsuit is still pending, and therefore no award has been made to the plaintiff yet, can this be discharged in this BK? I mean, since there is nothing legally owed, if it's a tort, to the plaintiff yet?

 

[bigun]

It may or may not be a stay violation. If you file a motion with the bk judge assigned to your case the lawyer will claim a bonofide error and since you haven't been harmed I doubt the bk court will sanction them.
I'd protect myself this way. Send a sharp but, politely worded letter to the law firm giving the date filed and filing number as well as a copy of the creditors matrix showing the lawfirm as being listed. and ask that they abide by the automatic stay and halt all action on the case until the bk is resolved. Tell them upon the dicharge of your bk you will expect them to dismiss the case with prejudice. Send the letter CRRR. I'd also go to the court house and respond to the motion in a similar manner.
Then, I'd file a complaint with both your state and local bar association about the lawyers conduct. Give them the date you filed, the case number and a copy of the creditors matrix listing the lawfirm and ask them to discipline the attorney. That, will get his attention.

Not sure I understand Indiana Filers question but, you don't need aan actual judgment returned against you witha specific dollar amount to include it in a bk filing.
Your lawyer will schedule the debt as a contigent/unliquitated libility with the amount as disputed and unknown.