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Should i file a bankruptcy now, im being sued.

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scott

scott

Joined: 28 Jun 2006
scott's page
Posts: 446



10878 Magic Points

 
Posted on Fri May 16, 2008 6:45 am  

I think that bankruptcy can be filed in all types of loans including cash call loans.
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SCOTT

Use your credit account responsibly and enjoy a debt free life.
lollie36
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Subject: Pending Lawsuit
 
Posted on Thu Jun 26, 2008 4:16 pm  

If I am being sued for 250,000 and have no debts, my home is in trust with my parents, my bank accounts are joint and I have child support on 2 children. How can you file bankruptcy on something that hasn't been settled yet? and Can they garnish my wages?
anthony

anthony

Joined: 31 Jul 2006
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13571 Magic Points

 
Posted on Fri Jun 27, 2008 10:13 am  

Hi lollie
If they have the court order to garnish your wages, they can. But if you file a bankruptcy, creditors can not garnish your wages to recover their debts. However, you should take note of the fact that bankruptcy will remain in your credit report for 10 years and will lower your credit score.
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Anthony Marx

A positive attitude is not achieved by turning a blind eye to the negative, but rather by responding to every situation in the most positive way possible.
miranda
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Subject: Bankruptcy
 
Posted on Sun Jan 18, 2009 2:57 am  

My mom is being sued for 9,000.00 from a loan company. She was just served papers from the Sheriff is it to late to file bankruptcy?
goodnatured



Joined: 03 Nov 2007
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10 Magic Points

 
Posted on Sun Jan 18, 2009 4:28 am  

If it did not go to court yet, then you may still have time. I mean there is no result of the court hearing yet. I would retain an attorney and find out what the rules are surrounding a pending lawsuit.
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scott

scott

Joined: 28 Jun 2006
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Posts: 446



10878 Magic Points

 
Posted on Mon Jan 19, 2009 12:33 pm  

Since you have already received a summon from the court, you need to file a response to a summon first within 30 days else a default judgment may be passed against you by the creditor. Now, even if there is a judgment against your mother for garnishment of bank account, you can file bankruptcy if you do not have a discharged bankruptcy within 8 years. However, your mother need to undergo a credit counseling program within 180 days of filing bankruptcy.
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SCOTT

Use your credit account responsibly and enjoy a debt free life.
Mary

Mary

Joined: 06 Jul 2006
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Posts: 686



17396 Magic Points

 
Posted on Mon Jan 19, 2009 12:49 pm  

Once your mother files bankruptcy, the creditors need to stop all garnishments and further collection of debts. If you qualify for Chapter 7 bankruptcy and your bankruptcy is discharged, you credit report will show "included in bankruptcy" against the debts which are included in bankruptcy and $0 balance.
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Where there's a will, there's a way !!
Tracy
Guest






Subject: summons/sued
 
Posted on Sat Jan 31, 2009 10:14 pm  

I had a business that folded after 7 months, I still owe an electrician $5,300 and a credit card $30,000. I have no job or money. I have just been handed a summons and am being sued by the electrician, I was thinking of filing for bankruptcy. I s now the time or is it too late to file? Please HELP? Anyone...
aby



Joined: 29 Jan 2009
aby's page
Posts: 32



114 Magic Points

 
Posted on Sun Feb 01, 2009 1:43 pm  

hey benjamin i think you should tell the exact issue what is the matter so that i can explain in much better way there are many way to get out of this if you are bankrupt and you are sued.
scott

scott

Joined: 28 Jun 2006
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Posts: 446



10878 Magic Points

 
Posted on Mon Feb 02, 2009 10:20 am  

Hi Tracy
You can file bankruptcy only if you do not have a discharged bankruptcy within the last 8 years. Moreover, you are also ineligible for filing bankruptcy if your bankruptcy petition has been dismissed within the last 180 days.
Now, since you have received the summon from the court, your first step is to file an answer to the summon, else a default judgment may be brought by the electrician which may result in garnishing of your bank account.
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SCOTT

Use your credit account responsibly and enjoy a debt free life.
Mary

Mary

Joined: 06 Jul 2006
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Posts: 686



17396 Magic Points

 
Posted on Mon Feb 02, 2009 10:26 am  

If you want to file a bankruptcy, you need to go through a credit counseling program within 180 days from the date you file bankruptcy. Even if there is a judgment on your outstanding debt by the electrician by that time, all existing judgments and garnishments will cease to operate once bankruptcy is filed. Since you do not have a job, it means that you can be eligible for Chapter 7 bankruptcy where you may not pay any amount towards the debt. However, whether you are eligible for Chapter 7 or Chapter 13 will be decided over during the credit counseling program.
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Where there's a will, there's a way !!
chris shalmi
Guest






Subject: bankruptcy
 
Posted on Fri Jun 12, 2009 2:42 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
rachael



Joined: 11 May 2009
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Posts: 234



6581 Magic Points

 
Posted on Fri Jun 12, 2009 10:37 am  

Hi chris,

I have already answered your query at: http://www.creditmagic.org/bankruptcy/file-after-sued.html#29777 .

Keep in touch.
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Looking forward to a debt-free life.
Kelly T
Guest






Subject: Being Sued
 
Posted on Sat Jul 11, 2009 6:50 pm  

Can I file bankruptcy to stop the a lawsuit?
brad
Guest






Subject: bankruptcy
 
Posted on Sun Oct 11, 2009 8:12 pm  

i have no job but need to file bankruptcy

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