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I have made the decision to file bankruptcy ASAP but have not yet actually filed. I just received an alias summons from a collection agency on a credit card bill about 6 years old ($20.000). Do I need to file the appearance, get court date, etc? or should I just ignore it because it should all get included in the bankruptcy filing anyway?
If the item is included in the BK, and the BK was filed PRIOR to the other case, you're fine... I would simply call the suing company with the BK case number and your atty name/number.... They'll probably just let it go...
If you file bankruptcy, then the entire $20000 will come under the bankruptcy. Now it is up to the court to decide whether you will be allowed to file Chapter 7 or Chapter 13 bankruptcy. Before filing bankruptcy, you are required to undergo a counseling program where it will be decided whether you qualify for Chapter 7 or Chapter 13 bankruptcy. Now if you do not have any income you can qualify for Chapter 7 else if you qualify for Chapter 13, you may be required to pay off the entire debt.
I believe the person has made a decision to file but as of yet has not filed. That is what I read in the posters first post. If this is the fact shouel he or she not file a response to keep them from getting a default verdict?
MPME, if you are considering bankruptsy and recieved this summons you should get moving on filing tha actual bankruptsy. You probaly should file a response because if you haven't already applied for the BK then they may get a default judgement if you don't.
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mXUMUS Really informative post.Thanks Again. Awesome.