Posts Tagged ‘judgment against’

Ongoing Civil Case: Must file Bankruptcy…What's the best timing? now or after judgment? Thank you.?

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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Should bankruptcy exist?

Bankruptcy is the root of all injustice. When someone can finance 0,000 for a house, file bankruptcy, and then continue living in the house scott-free, there’s something wrong with our government.

I’m a FIRM believer than bankruptcy shouldn’t exist. I’d rather receive someone’s detached arm in the mail as compensation for unpaid bills than a government issued judgment against that person, or bankruptcy papers. Because both mean the same thing: you get nothing.

Bankruptcy is truly the most gross example of injustice in the United States and people do it multiple times in their lifetime. Nothing good can come from bankruptcy. What are you thoughts?
By the way, the "injustice" I’m referring to is to the people who have loaned that person money. If you are considered an "unsecured loan", it’s about a 99/100 chance you’ll get absolutely nothing. If you are a "secured loan", in which only home mortgages and car loans can be, you will get your money though it will take forever. Finally, the lawyer who performed the bankruptcy gets 100% of his fee. Where’s the justice in that?

Bob Zoo down the street who loaned John Doe 00 to get a new car, and even had John sign a promissary note now gets absolutely nothing due to the bankruptcy, and is out 00, AND John Doe gets to keep his car.

WHERE IS THE JUSTICE?
slimick, there were no incorrect assumptions. I don’t know what state, country or planet you live on, but here in Arkansas that’s the way it works. I’ve done my homework. I know who gets paid, who doesn’t, and why. Unfortunately your response had nothing to do with anything I was talking about. You just wanted to hear yourself talk about medical issues. Great job there in the relevance category. Not.
And you’re right. I don’t care about Enron. I care about the little guy. The little guy who owes people money and files bankruptcy. Money or an arm. It’s that simple. Or I’m gonna take it out of their ass.
At crazyjes… yawn. Too much to read, too ridiculous. Who cares about what companies do, I’m talking about people vs. people. Never seen Goodfellas. Not a collection agency agent. Just a regular ole Joe Blow who’s been screwed too many times by people, whilest people like you sit there and defend the unjust bankruptcy system that lets them get away with it. I certainly hope someone screws you out of money so you can be on the receiving end of bankrupty. It’s such a nice feeling.

Oh, and as for your hypothetical woman with so many kids who had to file bankrupty, well she should have thought about that before she married the first guy she met in high school, and then quit school to have four kids. Yeah. She did it to herself out of stupidity. I want her money too if she owes it to me. It’s like that. Justice for Justice. Money for Money. None of this, "I charge up stuff and not pay it." Totally unjust. The laws should be changed. People should be shot for this.

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Filing bankruptcy, paying a judgment, or other options?

If I have a judgment against me that i just found out about can I file bankruptcy ? My friend was served and appeared for her court case but the credit card company asked for a continuance and never said when the next court date was. When she called up with the court she was told that she would receive something from the court (or credit card company) when the next date will be. The next thing she knows she has a default judgment against her and the company is threading to garnish her wages?

Can she have the judgment Vacated after more than 3 years? Should she just set up a payment plan with the court and not the creditor? Should she file bankruptcy?

The credit card company wants the entire amount of 8500 and will not let her make payments without putting half down.

What should she do.

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Can a chapter 7 bankruptcy wipe out a summary judgment?

If a person had a summary judgment against them for a credit card debt, could it be wiped out through a chapter 7 bankruptcy, or would he still somehow be required to pay it, even if he had no job, no money in his bank account, and no major assets (car, house, etc)?

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