QUESTION
Can I still file for bankruptcy if I am paying back creditors monthly?
Asked on Nov 23rd, 2011 on Bankruptcy - California
More details to this question:
My home was foreclosed on last year. I was sued by a creditor. I have to agree to start paying back or they will start to take it out of my checks. If I agree to pay it back monthly, can I still file for bankruptcy?
25 ANSWERS
1 Award
Why pay at all. File and pay nothing.
Answered on Jul 03rd, 2013 at 12:57 AM
Yes if you otherwise qualify.
Answered on Jul 03rd, 2013 at 12:49 AM
Yes you can.
Answered on May 31st, 2013 at 12:56 AM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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Yes.
Answered on May 31st, 2013 at 12:54 AM
Yes, you can.
Answered on May 31st, 2013 at 12:54 AM
Daniel James Wilson
Yes.
Answered on May 31st, 2013 at 12:53 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Yes.
Answered on May 31st, 2013 at 12:53 AM
2 Awards
Yes.
Answered on May 31st, 2013 at 12:46 AM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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You should be able to discharge the debt in bankruptcy, unless you agreed not to file.
Answered on Dec 05th, 2011 at 2:19 PM
Divorce Attorney serving Fresno, CA
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Law Office of Dede J. Agrava
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Making payments to a creditor does not prevent you from filing for bankruptcy.
Answered on Nov 30th, 2011 at 2:13 PM
Glen Edward Ashman
Instead of continuing to do the frankly foolish step of talking to creditors (NEVER do that!), call and see a lawyer and see if bankruptcy will work.
Answered on Nov 30th, 2011 at 2:04 PM
Bankruptcy Attorney serving Buford, GA
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Kenneth A. Parker, PC
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Yes, you can still file a Bankruptcy case although you have made arrangements to pay a creditor.
Answered on Nov 30th, 2011 at 1:41 PM
Automobile Fraud Attorney serving Phoenix, AZ
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The Stone Law Firm
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If you file bankruptcy and receive a discharge, you will no longer have an obligation to pay most creditors. Speak with a knowledgeable bankruptcy attorney to see if bankruptcy is right for you.
Answered on Nov 30th, 2011 at 12:32 PM
Yes you can file bankruptcy even if you are current on payments or making payments in an alternative arrangement. What counts most is that when you file you dont have much in the way of disposable income to be able to pay creditors. You may also consider chapter 13.
Answered on Nov 29th, 2011 at 4:20 PM
Bankruptcy Attorney serving Cleveland, OH
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Benson Law Firm
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You can file bankruptcy at any time. The only question is under what chapter and whether you will have to make payments to the trustee.
Answered on Nov 29th, 2011 at 4:13 PM
Bankruptcy & Debt Attorney serving Longmont, CO
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William Edward Zurinskas
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A bankruptcy can still be filed in spite of any payment agreement. You cannot waive your right to file Bankruptcy.
Answered on Nov 29th, 2011 at 4:10 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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If you have made payment arrangements with creditors you can still file bankruptcy in spite of those monthly payments, which will stop if you tell them to do so.
Answered on Nov 29th, 2011 at 3:31 PM
Bankruptcy Attorney serving Columbus, OH
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Athena Legal, LLC
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Yes, you can still file for bankruptcy. You should talk to a reputable bankruptcy attorney to figure out what type of bankruptcy is right for you and to discuss the timing of filing.
Answered on Nov 29th, 2011 at 3:31 PM
Chapter 7 Bankruptcy Attorney serving Huntington Beach, CA
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Law Offices of Robert Parkinson Taylor
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Yes, if you otherwise qualify. But why pay them anything? Assuming it's otherwise appropriate, why not file bankruptcy now and save the money you would have otherwise paid these folks?
Answered on Nov 29th, 2011 at 3:27 PM
judith runyon
If you file bankruptcy you cannot continue paying them. All creditors must be treated equally in bankruptcy. You can't pay some and not others.
Answered on Nov 29th, 2011 at 3:04 PM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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Yes, you may still file bankruptcy. This will allow you to cease making those payments.
Answered on Nov 29th, 2011 at 3:04 PM
Filing for bankruptcy will most likely prevent you from having to continue to make monthly, or any, payments to this or any other unsecured creditor. You should consult with a bankruptcy attorney about your situation to determine if bankruptcy is your best option.
Answered on Nov 29th, 2011 at 3:04 PM
You will still be able to file for bankurptcy on those debts.
Answered on Nov 29th, 2011 at 2:58 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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Yes, you may still file even if you're making payments.
Answered on Nov 29th, 2011 at 2:57 PM
Chapter 13 Bankruptcy Attorney serving Bloomington, MN
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Gregory J. Wald
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Yes, you could still file. You don't have to be late on any payments in order to file for bankruptcy.
Answered on Nov 29th, 2011 at 2:57 PM