Can you please tell me what the issue is? Of course, you don't have to. Depending on what the issue is ( why you oew the money), I know in SOME states, the Bankrupcy has to ALREADY be filed, NOT to owe this debt ( depending on what it is). But, Laura is right....those things that she said Child Support, etc. cannot be discharged.
Sorry I was not clear, on this issue. I meant ( for example)..if you filed for Bankruptcy, and THEN you recieved papers ,that somone/company wanted to sue you, you can't go bankrupt, on whatever the person/company is sueing you for, because THAT certain person/company you did not file bankruptcy for. Does that make sense now, Laura?/ Sorry, again, if I wasn't clear.
Sorry I was not clear, on this issue. I meant ( for example)..if you filed for Bankruptcy, and THEN you recieved papers ,that somone/company wanted to sue you, you can't go bankrupt, on whatever the person/company is sueing you for, because THAT certain person/company you did not file bankruptcy for. Does that make sense now, Laura?/ Sorry, again, if I wasn't clear.
If you've filed a chap. 7, then I don't think it matters if a creditor is listed, or not. The debt is still discharged..."nature of a debt does not determine its dischargeability" ...or something like that.
I get what you're saying. That DOES make sense. Which one is it that you can 'pick' which debts you want to pay off? Which one is it that ALL of your debt is 'discharged'?
I think you're thinking of a chap. 13--which is essentially a repayment plan, where it may be possible to re-affirm a debt. A chap. 7 wipes your slate "clean."
Ok..yeah..I just din't know which one was which. Thanks. I know SOO people that have filed for Bankruptcy. That REALLY was the 'only' choice they had. A friend, of my parents, filed YEARS ago ( I would say about 15 years ago. The Bankruptcy is STILL on their credit. I understand..this 'approach' is the best thing for some people. But, doesn't bring your credit score WAY down???
Yes it does, but like all things, it passes. As far as your friend's parents go, they should dispute the BK entries. (7 years for a Chap 13, 10 years for a Chap 7).
WOW!! Bankruptcy can be on your CR longer than any deliquent debt?!...seems that way, anyway. That's amazing!! I say that because people usually file for Bankruptcy to 'start over'.but, I guess it depends on the situation. OHHHH....Wanna let everyone know something. i said, in an earlier post, I was concerned about Cash Call being on my CR. Well.............I was trying to look up the phone number, on the Web and guess what I found?! I know people are saying it's NOT a PDL, but,..all I could find Cash Call under is 'Cash Call Payday Loan'. When I first got a loan through them ( November of last year), they were NOT listed that way,on the Web. It was just listed as 'CashCall'. Also.....I was looking on my CR's..........ALL 3 CR's have 3 DIFFERENT phone numbers on them!! If Cash Call is listed as 'CashCall Payday Loan', then is it NOT a PDL???
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?
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.
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.
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.
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.
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...
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.
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.
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.
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
How do I get my money back from ex, it is being taken out of my check due to a debt he nevr repaid years ago. They said they could not locate him, but he was around. How do I go about getting my money returned to me? Do I have to file a claim? If so How do I do it?
i have satrted the paper work with a lawyer but was told by a family member to wait until after i get my taxes because they will go after it, is this true? i have mad my first payment to the pawyer but i still need 3 more if i stop for 2 months and dont give a payment this way i will finish paying after i get my taxes and that way they wount take them from me...please help im i wrong or right?
I opened a business that was owned majority by another owner, however i signed a promissory note with the person who fronted the money for the company. The company closed after he decided to sell it, and I am afraid that I will be liable for the debts remaining and for the note. If he sues me for the promissory note, should I file bankruptcy? I have no job as of right now, and no form of assets. Thank you!
Co signed on a friends bail bound of $40,000. I was told bail was forfieted and now I may be responsible for the total amount:$40,000. Should I wait until I'm sued 1st or should I file for bankruptcy b4 I am sued.?? Also would I be aloud to claim bankrupptcy??
well, that was not very nice of your friend, what happened? Are they around where you could turn them in and maybe get rid of this debt? I would be hunting this friend down and making them fix this. I am not sure that you can file bankruptcy on bail, I have never heard of anyone doing this before. Wait for others to come and comment on this, but it is my thoughts that you are stuck with it and they will probably file a civil suit on you and this could lead to sheriffs sale on your property or other assetts such as your bank account if they get a judgement on you. It is not that simple to walk away from something this.
wait on others to come comment, they may have some other ideas out there for you.
owe 50,000 to credit cards and I am a co signer on my girlfriends property. She is the main on the note, she never missed a payment and only she has used the property as a deduction on her taxes. The property as everyone else is upside down
I am a firefighter with a disabled child and am just making ends meet without paying on the credit cards. Any clues on what i can do to protect my love ones from my problems
Cash call is a kind of unsecured debt. You can cash call on bankruptcy. As per federal law, once you file for the bankruptcy, there is an automatic stay on all collection activity.
I am current in collection for a debt of my royalty fee from a franchiser for a franchise business I used to owe. The franchiser is claiming and attempting to collect an estimated $114K of royalty fee. I have never failed for bankruptcy and I don't have any money to pay for this debt. After informating the debt collector that I don't have money to pay for this debt, he told me that he would inform his client to sue. First, if I am served with paper of a lawsuit for this debt, can I file for bankruptcy then? Second, I do have a job and I am not qualified for Chapter 7 due to the mean test, if I am filed for Chapter 13, do I have to pay back $114K in a payment plan? I hope not since I don't believe I really owe $114K of royalty fee at the first place.
im being sue from a furnel home my son die jn 2008 and i file bankruptcy on 3 2 10 and i go court on 3 30 10 is that good r do u no what goneing to happen in court
How sad, sorry this happened to you. Is there any way that you can make a payment arrangement with them, seems like they were there when you had a legitimate need. Why can't you pay them? This is the first time that I have seen a poster have this need, usually it is credit card debt or some other type of debt.
You really should try to work out a payment arrangement with them, did you pay anything at all on the bill?
I am not sure how a bankruptcy judge will view this. Maybe someone else will come along and help you out here.
I too an sorry to hear of your problem and send my sympathy about your son. I would think if you did file it would be able to be included in the lawsuit. If not could all the family members chip in to pay the bill in your sons memory. When my first husband died I could in no way afford all the costs of the funeral after selling and depleting all my money on hospital stays and trips. The family got together and divided the bill. It really was a welcomed releif.
I am being sued by a debt collector. I went to court today (pro se) to fight the debt and have the photocopy statement and affadavit stricken under the rules of evidence. Before I could even plead my case, the judge tore apart the language of my opposition motion and said the case would be continued and I had to fix it and go back to court. I am so stressed and don't think I have enough legal knowledge to pursue this fight-Is it too late to file bankruptcy? we are suppose to go back to court in the next 2wks or so. Thanks
You should immediately file a complaint about this with the Federal Trading Commission, and the State Attorney General. Can you give more details on your debt, and the lawsuit?
I am supposed to take my papers to the court house tomorrow to start the process of a chapter 7. Well today i got home and saw there was a letter in the mail. It was a copy of the subpoena to my apartment complex about me. It was for a credit card. Can i still file tomorrow?
what can i do? in 2008 it was stated that i was to to be in court. but i never knew that i was to appear for the debt. now they are trying to take my home, car, everything. can anyone tell me what i can do ?
Bankruptcy does show up on your credit report. Thus, it can affect your chances of getting a student loan. As for example you won't be able to get the Plus loan within 5 years of filing bankruptcy.
help! me and my hudband got like 11 payday loans within this year because weve been behind on all our bills. so some of them we never paid even the first interest. now after 6 months they served me and my husband. Their suing us for fraud, because we never paid them and we closed our bsnk accounts. Can i still file for bsnkruptcy next month or is it too late? please help us. We have no way we can afford to pay for the fees
There's no need to file bankruptcy for payday loans. Payday loans can be consolidated and paid off. If you have been served with the summons you will have to answer to that. However, if you have not been sued yet check out if the payday lending companies are at all legal.
Another thing is, payday lending is not legal in all the states. If the PDL is not legal in your state, and even if lending company is not a legal one you will have to pay back only the principal amount.
i rented a car july 2010, the car was damanged and total by the rental company. I submitted the claim to insurance company and they will not cover the loss of vehicle because i was not the driver. Will i be able to file banckrupcy?
You can go for a chapter 7 bankruptcy.
The following are not considered under the discharged list of debts under bankruptcy
* Child support
* alimony
* Debts for personal injury or death caused by you ( Drunk conditions)
* Student Loans.
* Income tax debt.
being sued
Can you please tell me what the issue is? Of course, you don't have to. Depending on what the issue is ( why you oew the money), I know in SOME states, the Bankrupcy has to ALREADY be filed, NOT to owe this debt ( depending on what it is). But, Laura is right....those things that she said Child Support, etc. cannot be discharged.
I did not get your point Wendy
Bankruputcy
Sorry I was not clear, on this issue. I meant ( for example)..if you filed for Bankruptcy, and THEN you recieved papers ,that somone/company wanted to sue you, you can't go bankrupt, on whatever the person/company is sueing you for, because THAT certain person/company you did not file bankruptcy for. Does that make sense now, Laura?/ Sorry, again, if I wasn't clear.
Sorry I was not clear, on this issue. I meant ( for example)..if you filed for Bankruptcy, and THEN you recieved papers ,that somone/company wanted to sue you, you can't go bankrupt, on whatever the person/company is sueing you for, because THAT certain person/company you did not file bankruptcy for. Does that make sense now, Laura?/ Sorry, again, if I wasn't clear.
If you've filed a chap. 7, then I don't think it matters if a creditor is listed, or not. The debt is still discharged..."nature of a debt does not determine its dischargeability" ...or something like that.
If a chap. 13, IDK.
debt
I get what you're saying. That DOES make sense. Which one is it that you can 'pick' which debts you want to pay off? Which one is it that ALL of your debt is 'discharged'?
I think you're thinking of a chap. 13--which is essentially a repayment plan, where it may be possible to re-affirm a debt. A chap. 7 wipes your slate "clean."
debt
Ok..yeah..I just din't know which one was which. Thanks. I know SOO people that have filed for Bankruptcy. That REALLY was the 'only' choice they had. A friend, of my parents, filed YEARS ago ( I would say about 15 years ago. The Bankruptcy is STILL on their credit. I understand..this 'approach' is the best thing for some people. But, doesn't bring your credit score WAY down???
Yes it does, but like all things, it passes. As far as your friend's parents go, they should dispute the BK entries. (7 years for a Chap 13, 10 years for a Chap 7).
debt
WOW!! Bankruptcy can be on your CR longer than any deliquent debt?!...seems that way, anyway. That's amazing!! I say that because people usually file for Bankruptcy to 'start over'.but, I guess it depends on the situation. OHHHH....Wanna let everyone know something. i said, in an earlier post, I was concerned about Cash Call being on my CR. Well.............I was trying to look up the phone number, on the Web and guess what I found?! I know people are saying it's NOT a PDL, but,..all I could find Cash Call under is 'Cash Call Payday Loan'. When I first got a loan through them ( November of last year), they were NOT listed that way,on the Web. It was just listed as 'CashCall'. Also.....I was looking on my CR's..........ALL 3 CR's have 3 DIFFERENT phone numbers on them!! If Cash Call is listed as 'CashCall Payday Loan', then is it NOT a PDL???
Being Sued
I am being sued we have been to court 2 times this last time the Judge gave me time to file a response Is it too late to file bankruptcy ???
Will this be the first time to file BK?
CAN I FILE CASH CALL ON BANKRUPY
I think that bankruptcy can be filed in all types of loans including cash call loans.
Pending Lawsuit
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?
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.
Bankruptcy
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?
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.
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.
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.
summons/sued
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...
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.
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.
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.
bankruptcy
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
Hi chris,
I have already answered your query at: http://www.creditmagic.org/bankruptcy/file-after-sued.html#29777 .
Keep in touch.
Being Sued
Can I file bankruptcy to stop the a lawsuit?
bankruptcy
i have no job but need to file bankruptcy
Garnishment
How do I get my money back from ex, it is being taken out of my check due to a debt he nevr repaid years ago. They said they could not locate him, but he was around. How do I go about getting my money returned to me? Do I have to file a claim? If so How do I do it?
started paper work
i have satrted the paper work with a lawyer but was told by a family member to wait until after i get my taxes because they will go after it, is this true? i have mad my first payment to the pawyer but i still need 3 more if i stop for 2 months and dont give a payment this way i will finish paying after i get my taxes and that way they wount take them from me...please help im i wrong or right?
Business Close / Money
I opened a business that was owned majority by another owner, however i signed a promissory note with the person who fronted the money for the company. The company closed after he decided to sell it, and I am afraid that I will be liable for the debts remaining and for the note. If he sues me for the promissory note, should I file bankruptcy? I have no job as of right now, and no form of assets. Thank you!
what should i do.?
Co signed on a friends bail bound of $40,000. I was told bail was forfieted and now I may be responsible for the total amount:$40,000. Should I wait until I'm sued 1st or should I file for bankruptcy b4 I am sued.?? Also would I be aloud to claim bankrupptcy??
well, that was not very nice of your friend, what happened? Are they around where you could turn them in and maybe get rid of this debt? I would be hunting this friend down and making them fix this. I am not sure that you can file bankruptcy on bail, I have never heard of anyone doing this before. Wait for others to come and comment on this, but it is my thoughts that you are stuck with it and they will probably file a civil suit on you and this could lead to sheriffs sale on your property or other assetts such as your bank account if they get a judgement on you. It is not that simple to walk away from something this.
wait on others to come comment, they may have some other ideas out there for you.
bankruptcy or credit counsleor
owe 50,000 to credit cards and I am a co signer on my girlfriends property. She is the main on the note, she never missed a payment and only she has used the property as a deduction on her taxes. The property as everyone else is upside down
I am a firefighter with a disabled child and am just making ends meet without paying on the credit cards. Any clues on what i can do to protect my love ones from my problems
cash call on bankruptcy
Hi Jamie,
Cash call is a kind of unsecured debt. You can cash call on bankruptcy. As per federal law, once you file for the bankruptcy, there is an automatic stay on all collection activity.
bankruptcy on business debt
I am current in collection for a debt of my royalty fee from a franchiser for a franchise business I used to owe. The franchiser is claiming and attempting to collect an estimated $114K of royalty fee. I have never failed for bankruptcy and I don't have any money to pay for this debt. After informating the debt collector that I don't have money to pay for this debt, he told me that he would inform his client to sue. First, if I am served with paper of a lawsuit for this debt, can I file for bankruptcy then? Second, I do have a job and I am not qualified for Chapter 7 due to the mean test, if I am filed for Chapter 13, do I have to pay back $114K in a payment plan? I hope not since I don't believe I really owe $114K of royalty fee at the first place.
being sue
im being sue from a furnel home my son die jn 2008 and i file bankruptcy on 3 2 10 and i go court on 3 30 10 is that good r do u no what goneing to happen in court
How sad, sorry this happened to you. Is there any way that you can make a payment arrangement with them, seems like they were there when you had a legitimate need. Why can't you pay them? This is the first time that I have seen a poster have this need, usually it is credit card debt or some other type of debt.
You really should try to work out a payment arrangement with them, did you pay anything at all on the bill?
I am not sure how a bankruptcy judge will view this. Maybe someone else will come along and help you out here.
I too an sorry to hear of your problem and send my sympathy about your son. I would think if you did file it would be able to be included in the lawsuit. If not could all the family members chip in to pay the bill in your sons memory. When my first husband died I could in no way afford all the costs of the funeral after selling and depleting all my money on hospital stays and trips. The family got together and divided the bill. It really was a welcomed releif.
filing
I am being sued by a debt collector. I went to court today (pro se) to fight the debt and have the photocopy statement and affadavit stricken under the rules of evidence. Before I could even plead my case, the judge tore apart the language of my opposition motion and said the case would be continued and I had to fix it and go back to court. I am so stressed and don't think I have enough legal knowledge to pursue this fight-Is it too late to file bankruptcy? we are suppose to go back to court in the next 2wks or so. Thanks
filing
Hi Paula,
You should immediately file a complaint about this with the Federal Trading Commission, and the State Attorney General. Can you give more details on your debt, and the lawsuit?
Thanks,
Aaron
Bankruptcy
I am supposed to take my papers to the court house tomorrow to start the process of a chapter 7. Well today i got home and saw there was a letter in the mail. It was a copy of the subpoena to my apartment complex about me. It was for a credit card. Can i still file tomorrow?
i am being sued by a credit card company
what can i do? in 2008 it was stated that i was to to be in court. but i never knew that i was to appear for the debt. now they are trying to take my home, car, everything. can anyone tell me what i can do ?
Bankruptcy and cash call loan.
You can include your cash call loan on your bankruptcy. This is absolutely legal.
bankrupt
If i file bankruptsy will that affect me to get finacial aid for school?
bankruptcy
Hi Erma,
Bankruptcy does show up on your credit report. Thus, it can affect your chances of getting a student loan. As for example you won't be able to get the Plus loan within 5 years of filing bankruptcy.
Thanks,
Aaron
if i can still file bankruptcy if im getting sued by the pay
help! me and my hudband got like 11 payday loans within this year because weve been behind on all our bills. so some of them we never paid even the first interest. now after 6 months they served me and my husband. Their suing us for fraud, because we never paid them and we closed our bsnk accounts. Can i still file for bsnkruptcy next month or is it too late? please help us. We have no way we can afford to pay for the fees
getting sued
Hi norlynds,
There's no need to file bankruptcy for payday loans. Payday loans can be consolidated and paid off. If you have been served with the summons you will have to answer to that. However, if you have not been sued yet check out if the payday lending companies are at all legal.
Another thing is, payday lending is not legal in all the states. If the PDL is not legal in your state, and even if lending company is not a legal one you will have to pay back only the principal amount.
Thanks,
Aaron
im being sued by a car rental company and want to file bankr
i rented a car july 2010, the car was damanged and total by the rental company. I submitted the claim to insurance company and they will not cover the loss of vehicle because i was not the driver. Will i be able to file banckrupcy?