Can I file bankruptcy on a debt collection after receiving a subpoena for court?
I have a k car note debt on its way to an attorney for a court hearing in the near future. I haven’t been subpoenaed yet. I have k in medical bills getting the run around from my health insurance and another -k that hasn’t even been filed yet by the doctor but may also be denied.
I can’t afford to have a court garnish my wages a single cent for the car note but can’t file for bankruptcy protection just yet because I’m waiting on the insurance company to either pay or deny. Until then, I won’t get a bill to put on my bankruptcy forms. Also, the other doctors haven’t filed their claims yet. They have up to six months to file a claim and it’s only been 30 days since my surgery.
Bottom line: it would be a waste to file bankruptcy right now over 11k when I have almost 100k coming up in the next few months. What can I do? After I get the subpoena I plan to just file on whatever I have and then hope for the best with the rest. Is that even possible? Are you allowed to file on something that is currently going through litigation?
Yes. Filing for bankruptcy gets you an automatic stay of the civil action. The rest of your question demonstrates a fundamental misunderstanding of bankruptcy law but I will leave that to you to sort out. You list your debts when you file. You do not have to have the bill in hand. You also list your assets, including debts you claim are owed to you by insurers. The legitimacy of those lists is what the hearing is about. You should also know that petitions can be amended but that you cannot go through the process twice in short order.
August 2nd, 2010 at 8:18 amJust go through life being a deadbeat.
I hope you choke on your righteous indignation. I don’t think deadbeats are righteous at all.
Sell your damn computer and pay some bills.
August 2nd, 2010 at 8:18 am