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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Do all lawyers charge about the same, and do you have to have the money upfront?

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When I called and asked what happened, They told me that all necessary docs were filed and they have copies of everything that was filed and the copies show the court stamp as being filed, even the doc that the court said was not filed.
Then I was told that it was a court error. She told me she spoke with the court supervisor and was told that even if it was a court error,if i want to refile, I have to pay the full filing fee again.
They want me to pay for refiling, I disagree it is not my fault that the court files are incomplete.
Can the court make me start all over even though we can show them a copy of the missing doc which bears the courts "FILED" stamp?
Since I paid the lawyer to do the filing isn’t it the lawyers responsibility to guarantee her services since I provided all the information necessary for the filing? Isn’t it her responsibility to pay the filing fee to start the process all over again? Or should the court have to accept a copy of the "FILED" missing doc to complete the file and reopen the case without charging the full refiling fee/
this mistake
My lawyer has told me that I have to pay the filing fee again even though I am filing BK because I can’t pay my mortgage, I am in foreclosure, and I am currently not employed… I need what few $ I have.

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Apparently no lawyers can help while you have a lawyer retained. But my lawyer has created such a mess that I came home to a stricken order today trying to get my car. My law firm won’t ever return calls or emails and I can’t go see them. How do you find a lawyer to sue a lawyer? Help!

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….after you get sued for building a faulty house for someone. The judge is in favour of the plaintiff, whose house you built. He rules that you must pay them ,000 to compensate for the cracks in the ceilings & walls and various other mishaps. You then, like a b*tch, file for bankruptcy. Don’t know how to phrase this, but: your claim for bankruptcy is accepted.
Replace the you with defendant. What prompts me to ask this is that the defendant walked out of court saying "You’re not getting one cent" to the plaintiff. Which, for comedic effect, i will add that he got punched in the face :L
Questions:
1) How does the plaintiff get his compensation, in civil law or whatever area of law? Are there alternative ways to gain compensation for this issue other than suing? Obviously the suing did not work out? Like for e.g. in criminal cases you can go to the Victims Compensation Tribunal if suing civilly does not work in your interests.
2) Does the defendant (in bankruptcy) have to sell all his assets and every cent of his future income goes to paying the defendant the compensation? Its only fair..
3) Does he get off scott free?

Thanks in advance Would appreciate it if any lawyers on yahoo could lend a hand in releasing me from confusion and unknowledgability.

Ps. The jurisdicton is NSW, Australia.

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I filed for bankruptcy earlier this year, 2 months after the bankruptcy was discharged, I received a call from a repo company saying my car was being repossessed because the reaffirmation agreement wasn’t filed. Come to find out my lawyers office misplaced the paperwork. The bankruptcy was petitioned to be opened again so the paperwork can be filed correctly. My lawyer is now charging me 0.00 for reopening the case. Are they legally allowed to do this?

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to file bankruptcy is kinda expensive. Would the lawyers break the price so I could pay monthly? Or how does it work?

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I am looking for someone to file my chapter 7, but I don’t have enough money to pay it all up front, are there any lawyers who will let you do it with a payment plan? (and no i don’t mean chapter 13 payment plans i mean the actual fee to file chapter 7)

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My checking account was garnished and my dad paid the balance to get the account reactivated. The bank is holding onto the money till the 15th of Jan when it is due to be released. If I actually file for bankruptcy before the money is due to be released is there a chance I can get it back since it hasn’t been turned over to them. I live in Missouri if that helps any lawyers.

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I need to file but the lawyers i talk to want 9-1600 dollars. i dont have anything at all. Isnt there something i can do or someplace i can go to that will do it for free? i mean come on im freaking bankrupt!

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Between all the little fees and paper charges, and lawyers fee and so on it is almost 1000.00. Dont you declare bankruptcy because you are broke ?

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I am planning on filing bankruptcy, and I have been calling around to check the fees. But some lawyers are charging as much as 00. is this right? Is there another aalternative fee-wise?

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I filed Chapter 13 in 2004 while I was in the military. Now I’m out and am about 0,000 in debt for medical bills. Will I be able to file for a Chapter 7 since I’ve already filed once before?
The lawyers that helped me file the first time never said anything about a Chapter 7. They told me that Chapter 13 was the only option available for filing bankruptcy.

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Ok so I’m in the middle of a chapter 7 bankruptcy, and I had applied for FAFSA online for school. It came back with a Direct Loan through William D Ford Direct Loan. Now this is a government loan based on my need, not on credit or anything. Is this going to mess with my bankruptcy? My lawyers aren’t available to talk to for another few days and im freaking out. HELP

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We live in Blue Springs MO, we need to file for a chapter 7 bankruptcy and so far all the lawyers we’ve contacted seem very expensive, and my husband does not have a job right now so money is very tight! So if any one knows of a good cheap bankruptcy lawyer let me know!

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I live in TN. I’ve discovered that I’m going to have to file Bankruptcy (Chapter 7). I don’t personally know of anyone who has filed Bankruptcy, so I can’t ask opinions. I look in the yellow pages & see a slew of attorney’s. I have no clue how to pick & I work & don’t have the time to have a consultation with every one of them. Is there a website that has information on lawyers, to help in picking one or maybe a site where people can type out their personal reviews of attorney’s? Any tips would be appreciated, thanks!

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I am filing for Bankruptcy but cannot afford a lawyer. I found bankruptcy services for so much less, but don’t really know which one to choose.
Does anyone also know by chance any inexpensive Bk Lawyers in San Diego?

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I had some properties foreclosed. Now, the bank wants me to pay a very big difference on each properties. Is bankruptcy the only option? Lawyers said we’re making too much for Chapter 7. Any alternatives?

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from calling around, some lawyers charge as much as 00, is this normal? But whats the minimum to fee that someone should pay if they are planning on filing bankruptcy?

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his job I am told but 2 years later I took everything off then I go to refinance and the lawyer at new bank says there’s a lien for 21000. Meantime his broker promised me the world. Now it’s been 2 1/2 months of holding 30,000 dollars of mine. Will not return phone calls I have called numerous times. I am disabled and now my mortgage went from 807 to 2100 I make 1200 a month. I put 140000 aside to pay mortgage till credit goes up but, don’t look good to me I am broke. Then he paid the Bankruptcy lawyer behind my back 450.00 to reopen the case which I swear wasn’t was not on my credit report. Or in the house of deeds. He wants more he told me. Does he get it? Isn’t one price it. If he did do it? . I called the Court House it was written off. Will legal aid take care of this? I can’t afford a big lawyer and don’t trust anyone after 3 predator lenders and two lawyers who are playing with my mind. At 18 percent a day. Legal??? Please someone.

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