QUESTION

Can I file chapter 7 if I'm being sued by a collection agency for credit card debt?

Asked on Mar 30th, 2011 on Bankruptcy - California
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Can I file chapter 7 if I'm being sued (I received the summons) by a collection agency for credit card debt? If so, approximately how much does it cost to file chapter 7? Do I have to file soon because the lawsuit was just filed 3/22/11. Thank you.
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11 ANSWERS

Yes.
Answered on Jun 11th, 2013 at 12:36 AM

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Bankruptcy Attorney serving Beverly Hills, CA
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Yes, you can, assuming that you pass the means test and qualify to file a Chapter 7. Here is information from my website regarding my fees for Chapter 7 bankruptcies: "I handle all Chapter 7 bankruptcy cases on a flat fee basis. My fees for a Chapter 7 range from a minimum of $1,500.00 to a maximum of $5,000.00, depending on the complexity of the case. My median fee for a Chapter 7 is $2,000.00. My flat fee covers many things that paralegals cannot do, and other bankruptcy attorneys charge extra for. Half of the fee is due when you hire me, half is due immediately before filing of the bankruptcy petition. All costs are included except the Bankruptcy Court filling fee, which is $299.00 for a Chapter 7."
Answered on May 17th, 2011 at 9:41 AM

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Bankruptcy Attorney serving Cleveland, OH at Benson Law Firm
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You may want to file as soon as possible to avoid a judgment lien. As to cost, attorneys are generally permitted to charge whatever they want, as long as the fee is reasonable under the circumstances and not prohibited by law or court rule.
Answered on Apr 08th, 2011 at 8:58 AM

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Bankruptcy & Debt Attorney serving Longmont, CO at William Edward Zurinskas
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Yes, you may include credit card debt in bankruptcy. Almost all bankruptcies include credit card debt. The fact that you have a pending lawsuit is irrelevant. The average cost of a chapter 7 bankruptcy in Longmont, Colorado is $1500. Make sure you speak to an experienced bankruptcy attorney prior to the time the creditor can take judgment. Once a creditor obtains judgment, it can garnish wages and bank accounts and place a judgment lien on your real estate. Don't give the creditor that power.
Answered on Apr 01st, 2011 at 9:11 AM

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Yes, bankruptcy provides relief from collection lawsuits such as this. The costs associated with bankruptcy are the court's filing fee (Chapter 7 is $299), the pre-filing and post-filing credit counseling courses and the attorney fees - if you hire an attorney - which will vary widely depending on the nature of your case and the market prices of your area.
Answered on Apr 01st, 2011 at 8:52 AM

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Family Law Attorney serving Kingston, NH at DiManna Law Office, LLC
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Yes, you can file to get rid of this debt. Timing of filing depends on many other factors other than when the lawsuit was filed. The cost depends, you can contact attorneys and find that out directly. The court's filing fee is $299 and then the attorney's fees would be in addition to this amount.
Answered on Mar 31st, 2011 at 3:40 PM

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Bankruptcy Attorney serving Hayward, CA at Carballo Law Offices
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Yes, assuming you otherwise qualify income-wise, are eligible and do not have too much property that you may not exempt (keep). The cost depends on your situation but it will range for a non-business case from $1,000 to $2,000 for the attorney's fee for a Chapter 7 case plus the cost of the court filing fee ($299) and other minor expenses for a credit report and two courses you must take, one before filing that will cost approximstely $25 online and a course after you file that will cost $15 to $25. You should file before you are required to answer the complaint (30 days after service of the summons) by the collection agency to avoid a judgment being entered against you that can result in garnishment of your wages, levy of your bank account and a lien on any real property you might own plus another negative entry in your credit history. Make sure you obtain the services of a local bankruptcy attorney you personally like and has several years of experience with such cases. Don't choose the cheapest lawyer just because he or she charges the least. Legal representation is like any other professional service that must be selected based on the best quality you can afford. You will get what you pay for and will always regret paying for a cheap lawyer, doctor, dentist, accountant, etc. Most lawyers will not touch cases gone wrong so you better plan on staying with the lawyer you choose to the end of the case.
Answered on Mar 30th, 2011 at 10:31 PM

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Bankruptcy Chapter 7 Attorney serving San Diego, CA at Law Office of Asaph Abrams
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Absolument! That's what bankruptcy is for. Well, it's March 30, so there is time to do it, but time IS of the essence; consult with a local attorney anon; she can advise you of a specific timeframe for getting the filing done. Fees vary widely. Seek counsel who may accommodate a sliding-scale fee structure.
Answered on Mar 30th, 2011 at 9:12 PM

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Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
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Whether or not you can file for Chapter 7 bankruptcy is based upon your income (and that of your family if you have a spouse and/or dependents). The court charges $299 for a filing fee. If you are in my area and are looking for a bankruptcy attorney, please contact me for a free consultation to determine if you qualify to file.
Answered on Mar 30th, 2011 at 9:12 PM

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Yes, stopping lawsuits and collections is one of many reasons people file for chapter 7. Upon the filing of the petition an automatic stay is triggered, which, with few exceptions, stops all actions and proceeding against the debtor and the debtor's property, including lawsuits. After your case is filed, your creditors will need permission from the bankruptcy court if it wishes to continue collection efforts against you. The going rate for chapter 7 in my area is $1,500-$2,000. You should speak to an attorney immediately. Feel free to call my office anytime.
Answered on Mar 30th, 2011 at 9:10 PM

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Consumer Bankruptcy Attorney serving Los Angeles, CA at Orantes Law Firm
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If it is a straightforward collection lawsuit (that is, there is no fraud or misrepresentation claims involved), there should not be much of a problem to file to discharge your debt. The petition should be filed before the lawsuit reaches the judgment phase that is, in about 30 days from 3/22/11 to be conservative. The amount of fees and costs for Chapter 7 varies. For most flesh-and-blood persons, the fees will range from $799 to only prepare the petition to $2,500 or more for a full service engagement, with most attorneys falling somewhere in the middle of that range. Do not skimp on this as it can cost you dearly. You will find that, as in real life, you get what you pay for. The variation between attorneys will be in the hundreds of dollars (from $100 to $500) to file a new petition, but if you hire the wrong attorney and he or she botches your case, you may end up paying tens of thousands of dollars. Bankruptcy cases can be simple, but only if done right. You should research your attorney and make sure that he actually has education and training in bankruptcy law and has handled hundreds, not just a few cases, and do not think that the number of years in practice is relevant if the attorney has only handled a couple of cases. Don't let the attorneys "practice" with your case. Personally, I chose the bankruptcy field and took and continue to take as well as teach classes on the nuances of this area and handle both large Chapter 11 cases and straightforward chapter 7 matters. Unlike many attorneys whom I consider my peers, I do not charge for an initial consultation and do not try to sell you on my services. I analyze your situation thoroughly and tell you the pros and cons, if any, and do not pressure you to sign with me on the spot. Gratefully, virtually all the potential clients who have an initial consultation with me come back to hire us sooner or later and refer their friends and family to us. Call us and we will be glad to schedule an appointment for you.
Answered on Mar 30th, 2011 at 9:09 PM

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