Halt a Lawsuit after Filing Bankruptcy
This guide assumes you have already started your bankruptcy case, and that the creditor who is now suing you is listed in the Petition. If not, consult the law library or an attorney for information about petitioning for bankruptcy or amending the petition.
Filing for bankruptcy immediately stops all attempts to collect debts included in the bankruptcy from you, including lawsuits. This is known as the "automatic stay." However, the only way the state court will know about the bankruptcy and stay is if you file CM-180 and POS-030. This guide explains the process and contains a sample of the Notice of Stay of Proceedings (CM-180).
The Judicial Council forms commonly used in this procedure are:
You will also need a copy of the first page of your file-stamped Petition for Bankruptcy, showing the court, case number, debtor, and petitioners.
Click here to download this Guide, with step-by-step instructions, including sample forms.
reviewd en 9/12; updated kf 4/2013