I have a judgement against me for $2,335. I have a subpoena to appear in small claims court today for examination of financial records. I filed Chptr 7 Bankruptcy in US Bankruptcy Court yesterday and went to the Small Claims Clerk and gave her the stamped front page of the petition with the case number. She also required of me to give her a notorized "Affidavit of Bankruptcy". I quickly obtained this additional document and gave it to her yesterday as well. I asked her if I still have to honor the subpoena and appear for the hearing. She said she can't give me legal advice. So that is my question: Do I have to appear today at small claims court and produce financial documents - under these circumstances (bankruptcy in effect)?
Answer
the bankruptcy stay will stop all state court litigation. You do not have to attend the hearing. You should I fax a copy of the bankruptcy receipt to the creditor's attorney.
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