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filing bankruptcy after being sued

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nan
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Subject: filing bankruptcy after being sued
 
Posted on Fri Jan 30, 2009 4:02 am  

Can you file bankruptcy after receiving papers that you are being sued?
Nan
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Subject: sueing and bankruptcy
 
Posted on Fri Jan 30, 2009 4:04 am  

Need to know asap thanks
carol

carol

Joined: 27 Jun 2006
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Posts: 1299
Location: Los Angeles, California


30027 Magic Points

 
Posted on Fri Jan 30, 2009 6:48 am  

Yes you can surely file a bankruptcy after you have been sued. Even if there is a judgment against you and there is a garnishment order on your bank account or your wage, you can proceed with bankruptcy. Once you file bankruptcy, all the existing garnishment orders will cease to operate from immediate effect. If the accounts that are under garnishments are brought under bankruptcy, and if your bankruptcy has been discharged, there may not be further garnishments on your salary or bank account.
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Mary

Mary

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17418 Magic Points

 
Posted on Fri Jan 30, 2009 10:46 am  

Yes, you can file bankruptcy after you have been sued. According to the recent bankruptcy law, you need to undergo a 180 days counseling before you file bankruptcy. Now, even if the creditor bring judgment against you before you file bankruptcy, all existing foreclosure, garnishments and other court orders will cease to operate from immediate effect till the time the bankruptcy has been discharged.
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R.A.
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Subject: Bankruptcy for Corporation
 
Posted on Tue Apr 07, 2009 4:25 pm  

We are a small corporation. We have been unable to collect our outstanding balances from our clients due to recession. Clients also have taken their money back from their credit cards, canceling the order leaving us broke. We still owe product to other clients but we are broke. We have no choice but to close down and file chapter 7. Do we notify pending clients? Where do we start. Please help. Thanks. N.M.
carol

carol

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Posts: 1299
Location: Los Angeles, California


30027 Magic Points

 
Posted on Wed Apr 08, 2009 7:30 am  

In such case, I think that you should consult with a bankruptcy attorney and proceed further.
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chris shalmi
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Subject: bankruptcy help
 
Posted on Fri Jun 12, 2009 2:48 am  

ok so i have about 13k in debt and want to know if i should file chapter 7 or 13 i havent been able to pay my biggest debt (which is a car) in 2 years. i am afraid i might get sued at any time. they cant repo the car because it was wrecked please someone tell me what i should do or if its even possible to file for bankruptcy i am aware it is on your credit but my credit is horrible so with this beeing said does anyone know anything that could help my situation i am way to stressed about all this and dont have the money for payments every month. thanks alot for the help
rachael



Joined: 11 May 2009
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Posts: 233



6576 Magic Points

 
Posted on Fri Jun 12, 2009 4:54 am  

Hi chris,

Generally people file for bankruptcy under Chapter 7, when they are left with no property. Filing for Ch 7 immediately stops creditors from contacting you. If you file for bankruptcy under Ch 7, you will have to give away all your assets. The court will appoint a trustee who will sell off the assets and use the money to repay your creditors. You can get your debts discharged within 6 months.

On the other hand by filing for Chapter 13, you are given a repayment plan that extends from 3 to 5 years. Because of the repayment plan, you will have to pay only a small amount every month. If you file for bankruptcy under Ch 13, the advantage is that your home cannot be foreclosed. You can also keep any other property that you have. If you have a regular income, filing for bankruptcy under Ch 13, would be a better choice.
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BDG
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Subject: filing for bankruptcy
 
Posted on Fri Jun 12, 2009 10:57 am  

Hi chris,

I would like to add to what rachael has said. There are few other advantages of filing for bankruptcy under Ch 13. They are as follows:

1) If you pay sincerely during the entire term of your repayment plan, the remaining debts are discharged.
2)If you already have a notice of foreclosure, filing for bankruptcy will immediately bring stay order of the notice.
3) If you also have some overdue state taxes, they will be included in the repayment plan and interests do not accrue on the tax debts.
Dani
Guest






Subject: judgment after bankruptcy
 
Posted on Thu Jul 09, 2009 3:35 am  

I was and am being sued from a debt in our divorce decree. I had lost my job and have not been able to keep up with the bills and when he sued me for the debt in our decree, that led me to claim bankruptcy. I'm wondering what I can do now that I have claimed chapter 13 and am still being sued. What can I do about this debt being that I can not pay it? With what liitle I make I can't afford my wages to be garnished. Would that occur?
fireyone



Joined: 26 Feb 2008
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Posts: 4246



80 Magic Points

 
Posted on Thu Jul 09, 2009 12:46 pm  

You should contact the lawyer who is helping you obtain the bankruptsy. After filing for bankruptsy all contact and lawsuits from people you owe should have stopped. If you are recieving phone calls and threatening mail..any contact...from creditors , then you need to call you atty asap. He or she will take care of the matter for you. It is actually illegal for creditors to contact youafter you have filed unless they were not included in the bankruptsy.
RICHARD METZ
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Subject: CAN I BE SUED DURING CHAPTER 13
 
Posted on Thu Aug 06, 2009 1:10 pm  

ADOPTED A CAT FROM ANIMAL WELFARE ACCIDENTLY THE CAT
GOT OUT OF MY HOUSE AND RAN AWAY. ANIMAL WELFARE IS NOW
THREATENING TO SUE ME FOR 500.00. I HAVE BEEN IN CHAPTER 13
FOR 1 YEAR AND PAYING THROUGH PAYROLL DEDUCT. CAN THEY
STILL SUE ME? I LIVE IN LOUISIANA
maggie b
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Subject: bankruptcy filling
 
Posted on Thu Aug 06, 2009 6:34 pm  

My bank just froze about $900.00 after finding out that I had filled for bankruptcy and says they can keep to offset a loan that I included in such bankruptcy. Can they legally do this? Also, I ask the attorney if I should close the acct or move the money out of such bank before filling because of the outstanding loan and he said not to worry that it was fine. He no longer takes my calls. What should I do?
carol

carol

Joined: 27 Jun 2006
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Posts: 1299
Location: Los Angeles, California


30027 Magic Points

 
Posted on Fri Aug 07, 2009 12:40 pm  

Hi maggie

No, the bank cannot freeze any money after you have filed bankruptcy and specially for a loan that is included in the bankruptcy. Talk to a specialized attorney in this regard. I can see the one you consulted was not good enough. Go through the FDCP rules to know your rights further.
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tony1967
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Subject: bankruptcy filing
 
Posted on Mon Aug 10, 2009 10:15 pm  

Do you know how bankruptcy filing will affect your ability to get a security clearance?

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