I’m in the process of filing a chapter 7 and my attorney’s office is still working out the details. It’s a real fresh start; my son and I moved in with my family, we’re letting the house go as part of the CH7, etc.
Unfortunately, the attorney has yet to actually file the CH7 on my behalf. I work 8-5, Monday-Friday, and I just started this (well-paying) job so I have no business asking for time off.
The mess comes from Citifinancial, who has involved their attorneys in collection of an old debt. You know, the kind where when you tell them you’re having trouble paying, they "help" you by telling you that you have to refinance the debt, borrowing more, and won’t work with you otherwise. The debt is 6 months from clearing statute of limitations on collections, so they filed suit.

On the 8th, I have a court date right in the middle of my work schedule. The attorney’s office said they couldn’t file my CH7 until a week after, but said "we always advise our clients that it’s better to stay at work and make money, than to lose more by going to court when you’re going to have a judgment against you either way. " They then said it would take 45-60 days for me to see any ill effects from the garnishment, and by then, I’d be within the automatic stay period anyway. I was advised to simply wait for them to contact me next Monday to obtain anything missing from what I gave them as far as information is concerned.

This makes sense to me, but I feel a disturbance in the force. Can they instigate a garnishment at the very same time they obtain the judgment? I’m in TN and can’t find anything to satisfactorily answer this, though it seems "implied" that they must first attempt to collect from me under the judgment before they can attempt to garnish, whether I show up or not. I know I should empty any bank accounts (indeed, perhaps close them) before the judgment goes into place, but do I need to go to the civil court date anyway, if the next week my automatic stay would begin?

I’m very confused as to what I should be doing.
To clarify: I contacted the attorney and reached the paralegals, but have been unable to reach the attorney. The paralegals are the ones who guided me on these most recent steps.
I just noticed on my summons, there was no notation as to the proper window in which I must "Answer". This is supposed to be there, and I was served exactly 30 days before the court date. Can I submit an "Answer" citing that due to the lack of definition by the Plaintiff on the summons (which was authored by the plaintiff and signed off on by the court), that in addition to being unable to attend on that date and needing to reschedule, that the Plaintiff intentionally evaded my rights to respond in order to attempt forcing a default judgment?

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Hey Guys,

I have a few concerns and questions that I need answered. I have Googled the laws extensively but would like some human perspective.

I have a friend who downloaded software from Vuze.com. The software is a language software and the torrent he downloaded contained files from a bunch of different languages offered by the company. My friend can burn the files onto a DVD and the DVD can be used on any computer. There is no installation required or anything like that. He has posted the software for sale or trade in various cities on Craigslist.com. Originally he was posting the listings and including the name of the software. Soon after he received a cease and desist letter from company demanding that he remove the listings and stop. After that, my friend decided to post the listings but this time not include the actual name of the company. In the postings he does not write the actual name of the software, but rather posts listings such as "language learning software for sale or trade". Since then he hasn’t received anymore notices from the company. Once my friend receives emails from people who are interested he informs them of the name of the software and arranges to mail them the software. He later received payment via mail or PayPal. Like I said, I looked up all the technical legal punishments such as 0,000 fines, etc. I need your input on a few different questions.

1. Does the fact that the name of the software isn’t publicly advertised matter at all?

2. How exactly are people usually caught? I’ve read that the FBI investigates these matters, but is that typical? Are they doing it on their own or are they asked to by the companies?

3. If caught, what is a realistic punishment? I have seen people sent to prison, but in the story I read the defendant had made millions off of the pirated software and had cars, etc. seized. Could you really go to prison?

4. If you are found guilty in civil court and are demanded to pay an astronomical figure in the hundreds of thousands, what do you do? Would you be forced to claim bankruptcy? Are you allowed to claim bankruptcy since theres no practical means for obtaining that kind of money?

5. Would you have any further warnings or would your house just get raided in an attempt to look for evidence?

6. What kind of lawyer would you need to defend yourself and how much would it cost? What could they do to help you?

Obviously this is a serious matter and your advice is greatly appreciated. I am aware of the laws and have looked up as much as I can but I value your personal input and would like to hear opinions on what would happen realistically.

Thank you for your time.

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I am currently being sued in civil court, and have no money for an attorney, the case has gone on for a year now in federal court, and have basically lost my business because of all the time I’ve put into defending myself from something I did not do, and am being "lawyered" to death by 6 lawyers. Because of all this, even if I "would easily win" if I could afford an attorney, I will have to file bankruptcy (chapter 7 for me).

Therefore, relating to an ONGOING CIVIL case and a need to file BANKRUPTCY, here’s my QUESTIONS if you would please use the same numbering system to answer them so I can keep track (thanks thanks thanks):

I would LOVE it if filing the bankruptcy would END the case so I could go on with my life, find another job, build another company etc. I read a lot of yahoo answers and one said “If they haven’t gotten judgment against you … then your bankruptcy filing can and will stop the case.”, but I need to be sure.

1) is there any ADVANTAGE to me in filing bankruptcy BEFORE the judgment (now is preferred so that I can go on with my life which has been destroyed)?…. and what will opposition do if they know I’ve filed for bankruptcy? Will they attempt to continue the case when they know the bankruptcy will go thru? If so, why would they continue the case?

2) Since I’m going to be filing In advance" of the judgement, can I "claim" the "injuries" they haven’t yet enumerated " …on my petition for bankruptcy? …or do I just “list the case” and say “amount pending”? THANKS.

I know about the "automatic stay" (keeps creditors (I currently have NONE and a perfect credit score I’ve worked hard to build all my life) from coming after you etc).

3) After I file for bankruptcy (I know it takes so many months to go thru), these additional related questions, thanks:

3a) what happens to the current civil case?
3b) what do i tell the judge? Do i have to tell the judge or just inform the other side?
3c) will i still have to finish the case (expected one more year of my life)?
3d) if we’re currently in discovery, will it / can it stop discovery / subpoenas etc?
3e) ….or…does it just “suspend” the case until the b/k procedings are over? …or does the case just continue on in real-time?

Thanks so much for answering all of these "sub-parts" to my ‘compound" question. They’re really important to my life and my families lives.
Ryan K,

That was totally useless. I can’t believe you actually answered 195 other people. You’re a joke.

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