QUESTION
Do I need to file for Chapter 13 bankruptcy if a credit card company has brought a case against me?
Asked on Dec 12th, 2010 on Bankruptcy - New Hampshire
More details to this question:
A credit card company filed a case against me in court. Do I need to show up in court if I am about to file for a Chapter 13 bankruptcy within the next 10 days? Or can I just ignore them and have them get a judgement against me then file?
3 ANSWERS
William C. Gosnell
You can ignore the court date if you are going to file a Chapter 13 within 10 days or so.
Answered on Dec 16th, 2010 at 12:28 PM
Chapter 7 Bankruptcy Attorney serving Lisle, IL
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Mankus & Marchan, Ltd.
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A debt may be discharged in bankruptcy regardless of whether or not the creditor obtains a court judgment against you for this debt. However, once the creditor obtains a judgment against you, he may record it and it becomes a lien against any property you may have. The lien against your property is not discharged in bankruptcy, even though the debt is. This is a complex issue and consultation with a bankruptcy attorney is always recommended.
Answered on Dec 14th, 2010 at 6:43 AM
Family Law Attorney serving Kingston, NH
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DiManna Law Office, LLC
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If you do not show up then by default they will receive a judgment. The situation you present is a little more complicated than can be answered on-line briefly. You should consult a bankruptcy attorney.
Answered on Dec 13th, 2010 at 6:43 AM