QUESTION
Can you file bankruptcy on a civil lawsuit and if so can I also file on my credit card?
Asked on Oct 24th, 2012 on Bankruptcy - Colorado
More details to this question:
I purchased a 2010 vehicle and gave them a trade-in which they gave me 9300.00 for. It was my parent’s vehicle I traded. My parents gave me the ok to do so but they got upset because the dealership never contacted them for their permission. My parents were upset the dealership sold me a vehicle in poor condition. The dealership gave back my parents their vehicle now I'm getting sued for the loss of 9300.00. I however gave back there 2010 focus which I currently owe the bank now. My question is this dealership is suing me for lawyer fees, storage and the 9300.00. Also, the bank will come after me for the 2010 vehicle that's in my name. So, can I file on the car (bank) and dealership? Also, I have a credit card I want to file on as well can I do that? I live off the credit card sometimes so, if I use it will it hurt me if I end up filing on it? I'm a single mom with 2 kids so my income isn't very much. Thanks so much for your time.
15 ANSWERS
Bankruptcy Attorney serving Buford, GA
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Kenneth A. Parker, PC
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Yes, you can file a bankruptcy case to stop the civil suit. As a matter of fact, this is a common reason why people file bankruptcy. You mention that you are living on credit cards. If you are going to file bankruptcy, one of the exceptions to a discharge is credit card debt incurred within 60-90 days of filing, so don't use the credit cards for 3 months before you file.
Answered on Nov 01st, 2012 at 11:36 PM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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Yes. Bankruptcy will discharge lawsuits as long as fraud is not part of the lawsuit. Credit cards are also discharged.
Answered on Oct 31st, 2012 at 11:01 PM
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 any debt associated with a repossessed or voluntarily surrendered vehicle.
Answered on Oct 31st, 2012 at 4:35 AM
Bankruptcy Attorney serving Myrtle Beach, SC
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Law Office of Margaret L. Evans, PC
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You must include every single creditor on your schedules and petition; the vehicle and the credit cards must all be disclosed; depending on where the suit is, you may also need to file the appropriate motion(s) to have the lien discharged as well.
Answered on Oct 29th, 2012 at 7:36 PM
William C. Gosnell
Yes unless DUI
Answered on Oct 28th, 2012 at 3:42 AM
You can include both the credit card and the lawsuit in the bankruptcy. However, you must include all your debts in the bankruptcy. Also, credit charge purchases made before filing bankruptcy can be excluded.
Answered on Oct 27th, 2012 at 2:06 PM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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Yes, you can file bankruptcy on a civil lawsuit as well as the credit card.
Answered on Oct 26th, 2012 at 1:36 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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You file on all debt. You can not pick and choose. Everything goes in. Your credit cards will be turned off. This applies in New Jersey.
Answered on Oct 26th, 2012 at 1:34 AM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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You probably can wipe out all the debt in bankruptcy, but you will lose the credit card.? Plus, anything charged within the three or four months before you file will be presumed to be debt incurred in contemplation of bankruptcy and won't be discharged. See a bankruptcy lawyer. You need help.
Answered on Oct 26th, 2012 at 1:33 AM
You can file bankruptcy on these debts, but you will need to include all your debts in any bankruptcy you file. You will want to have a substantial amount of debt in order to be best served by filing bankruptcy. Because of the way this debt occurred, it is possible that the creditor could object to your bankruptcy and you would need to litigate this matter. Litigation is always very costly and there is a risk you could be required to pay this debt even with a bankruptcy.
Answered on Oct 26th, 2012 at 1:30 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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When you file for bankruptcy you required to list all your debts - that would include both of these debts. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
Answered on Oct 26th, 2012 at 1:30 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Consult with a bankruptcy attorney in your area. When you file bankruptcy you have to list all of your creditors and everything you own.
Answered on Oct 26th, 2012 at 1:27 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You don't file bankruptcy on specific debt. You file and all dischargeable debt is included. If you file, then you will likely have all your credit cards canceled by the creditors. I
Answered on Oct 26th, 2012 at 1:24 AM
Daniel James Wilson
You definitely are a good candidate for Ch 7 BK. You can probably discharge the debts you discussed below. Schedule a consultation with a BK attorney.
Answered on Oct 26th, 2012 at 1:23 AM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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When you file a bankruptcy petition it includes all of your debt and all of your assets; there is no such thing as filing "on" a debt or lawsuit. The bankruptcy will stop the lawsuit and the claims of the dealership and the lender will be included in your bankruptcy. With regard to the credit card that you are "living on"; certain debts are non-dischargeable, including any cash advances and purchases of luxury goods and services in the short time prior to the filing of the bankruptcy petition. Assuming that you don't take cash advances and that any purchase that you make is for necessities (and you make no purchases in the 90 days prior to filing your bankruptcy) you should not have a problem. However, you should contact an attorney to have your situation reviewed prior to filing so that you don't create more problems for yourself.
Answered on Oct 26th, 2012 at 1:23 AM