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I have recently been summoned for court for non payment of a non secured personal loan which is 90 days past due. We are currently in the process of filing bankruptcy and advised not to pay any of our unsecured debt prior to filing. My court date is scheduled on Jan 20th but we can't file BR until Feburary. I don't know what to do. I've been told to not negotiate with this creditor, and to not worry about showing up for court since i am filing bankruptcy but i am worried about what might happen if i don't go to court. Can i file an extension on the court date? Should i pay something to this creditor to stall them? Any advise anyone? If we do go to court what is the worst that can happen? Help.......
If your bankruptcy attorney is the one giving you the advice listen to him he has been dealing with this sort of thing before and knows how to handle it. And plus if you are going to include them in your bankruptcy why would you want to pay them anything. Listen to your attorney and I'm sure you will be fine.
Missy, Debra is correct. I would take the advice of your bankruptcy atty before any other person. The atty you have is specialized in this field and would know the best route to handle your situation. If they do go tocourt and a judgment is issued the bankruptcy should disolve the judgment. Give your atty a call and express your concern with him or her. He or she will be able to explain the process to you.
Thank you both so much for your reply. I will take my attorneys advice. I hope it will all work out.
Shouldn't a letter be drafted up to let this company know about the bk or the court so that it is thrown out now. Otherwise won't it be a big headache later, they will get a default judgement and then you will have to deal with the hassle of dealing with that even though it was discharged in the bankruptcy.
Not sure how they will go about handling it. But I know once they file it is against the law for them to even try to collect. But since they haven't filed yet they may be in titled to the money for now. But don't know for sure.
I am not real sure either, but if I were in this situation I would want them to know that it is my intent to file and give them a date, try and put a stay (for lack of better terminology) on the summons, if you would have legit bankruptcy paperwork to present to the court then why not just show up at the hearing to be safe. Otherwise they may get a default judgement, even though they may not be able to collect, they will still attempt to collect?
I am just saying that it would save everyone a lot of time and headache to be forth incoming about the intended BK.
I know that would make since. I have never been in this sort of situation so I'm not sure how they will handle it since they haven't filed yet. But I had someone take me to court after I filed on them before. But I didn't have to go to court and it was thrown out. But I am interested in how this does turn out.
Thanks everyone for your input. I guess i'm just worried about what will happen if and when we don't show up for court. We will be filing in february for sure so i was told by my attorney that we would be ok.