help on filing bankruptcy?
I am in the process of filing bankruptcy, getting the paperwork together and such! I was served papers to appear in court over a defaulted credit card. Should I tell them I am filing bankruptcy when I go to court or just ask for a continuance until I get this paperwork done? If you have an experiences with this please tell me your story. thanks!
Posted July 7th, 2010 in When To File Bankruptcy. Tagged: continuance, defaulted credit card, experiences, filing bankruptcy, paperwork.
Have you retained a BK attorney yet? If so, then give him that info and have him ask for a continuance. If not, then you need to get one hired and have him ask for a continuance. Don’t ignore the court date, as that might end up in a default judgement against you. A BK should do away with any credit card judgement against you, but it just complicates the situation and results in additional attorneyfees and time spent.
July 7th, 2010 at 7:02 pmyou might be able to find the answer you are looking for at http://everything-finance.net
July 7th, 2010 at 7:02 pmEven if your creditor gets a judgment against you in court you need to ask your bankruptcy lawyer to file a motion to set it aside citing a filed bankruptcy. You need to see if the bankruptcy lawyer will ask for a continuance. If you call the attorney for the plaintiff they may continue the case.
If you fail to have the judgment set aside (a separate issue and attorney fee) the lien it creates w/sit there possibly on your home,or car for years even if you filed bankruptcy.
Call the clerk of court to see when the case is set for. Try to beat the deadline w/the paperwork to get the case filed. Save yourself addtional attorney fees, and time.
July 7th, 2010 at 7:02 pmYour lawyer should TELL you the correct answer. If he is good.
July 7th, 2010 at 7:02 pmLVOE YA BFF