Can I file for bankruptcy protection after being subpoenaed for debt collection hearing?
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?
Without offering legal advice…
I believe you should look up the term "automatic stay".
This will answer your question: http://www.moranlaw.net/stay.htm
Hope that helps!
August 3rd, 2010 at 8:19 amyou could try to get them to change the court date pending the outcome of the insurance company. you could go to your attorney, and explain, ask him what kind of paperwork needs to be done(total income, total bills at this time, the value of your other property, etc…., that way when the time comes youll have much of that done, it will speed things up later. oh and to answer your Q, yes
August 3rd, 2010 at 8:19 am