In a California civil case does the plaintiff have to show up for a hearing on the status of the defendant's chapter 7 bankruptcy? If plaintiff has not shown for two of these hearings is it grounds for dismissal?
Answer
It depends how the particular department operates. The plaintiff may be able to submit a written report on bankruptcy status which would satisfy the court. Also, sometimes a plaintiff might dismiss the case if it's simply for an unpaid debt that might be discharged in a couple of months in a chapter 7 bankruptcy. Check the case docket to see if that has occurred.
Answer
State courts shouldn't really be doing anything other than monitoring the status of a bankruptcy, because the bankruptcy acts as a stay unless the plaintiff has sought relief from the stay in bankruptcy court.
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