QUESTION
Can I get a continuance from a credit card debt civil suit court date so that I can prepare for and request bankruptcy?
Asked on Sep 27th, 2012 on Bankruptcy - Utah
More details to this question:
The court date is 15 days from today (9/27/12). I have no property, only credit card debt, and only disability income.
13 ANSWERS
Bankruptcy Attorney serving Bellevue, WA
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Wild Sky Law Group, PLLC
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The best thing is to probably just file for bankruptcy, which will automatically stay the civil credit card case. Also, you should file a Declaration of Exempt Income in the civil case regarding your disability income so if they do get a judgment against you before you can get your bankruptcy filed, they can't swoop down on your bank account and clear it out of your disability monies.
Answered on Oct 04th, 2012 at 10:48 PM
You may request a continuance, but when you tell the plaintiff (creidt card company) they may object. A better bet is to contact a bankruptcy attorney and file without delay. I, for one, would have no problem getting you filed in that time frame with your cooperation.
Answered on Sep 28th, 2012 at 7:57 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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No need to because a bankruptcy can be filed immediately or certainly before any garnishment can be issued.
Answered on Sep 28th, 2012 at 5:33 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Depending on your income you may be "judgment proof". I recommend you contact the folks at Community Legal Services.
Answered on Sep 28th, 2012 at 5:32 PM
William H. Von Willer
That is totally a matter for the court where the credit card suit is pending.
Answered on Sep 28th, 2012 at 5:32 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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That would be up to the judge to grant a continuance, but what you state is not a valid ground to continue in my opinion. When you file a bankruptcy, a federal law comes into effect which stops all state court actions. Filing bankruptcy takes a long time to get ready. Get an attorney for this, it is far too complicated to do it yourself, and using petition preparers is not the way to go in your case because they simply cannot give you the legal advice that you will need. In the event a judgment is entered against you, there is a special way to get it declared null and void in bankruptcy court. This can only be done correctly by an attorney.
Answered on Sep 28th, 2012 at 5:31 PM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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You can asked the court but it will probably be denied. In any event if the case issues a judgment against you it will also be wiped out or reduced in a bankruptcy.
Answered on Sep 28th, 2012 at 5:09 PM
You need to speak to a lawyer immediately. Bankruptcy will trigger an automatic stay which will stop the lawsuit.
Answered on Sep 28th, 2012 at 5:08 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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No, but you can get a bankruptcy filed quickly, before they could try to take assets.
Answered on Sep 28th, 2012 at 5:07 PM
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You could file within that time frame, or ask the court for more time to defend. I would hesitate to advise that the reason for the continuance was bankruptcy. You can discharge a judgment in any event.
Answered on Sep 28th, 2012 at 5:07 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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If you get your credit counseling and have the funds to pay counsel, they can file a bare bones emergency petition and have balance filed within two weeks. So the fact that the court date is w/in 15 days is not really an issue.
Answered on Sep 28th, 2012 at 3:26 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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I do not think a Court would grant you a continuance for that purpose. However, you do not need a continuance. All you need to do if you intend to file for bankruptcy relief is to file your petition as soon as possible, but before the Court in the civil suit enters a judgment and the creditor turns it into alien. Otherwise, your bankruptcy case may get more expensive. In short, file as soon as possible before a judgment is entered and you will be fine.
Answered on Sep 28th, 2012 at 3:24 PM
Probably not, but you can get a continuance by filing bankruptcy. As soon as you filed there is an automatic stay on any and all collection activities, including pending lawsuits.
Answered on Sep 28th, 2012 at 3:16 PM