QUESTION
I am being sued by my bank. It I start the bankruptcy process will it stop, halt or delay this process?
Asked on Dec 05th, 2018 on Bankruptcy - California
More details to this question:
I received a summons on Dec 1st saying I have 30 day to answer this summons. I owe $45,000 in credit card bills and am being sued for one that I owe $23,000 at the moment. I believe I should file for bankruptcy as soon as possible but I've read you have to do credit counselling for 180 days first. It I start that process asap will stop, pause or delay this court case? Basically can my starting the bankruptcy, credit counselling process delay this court process?
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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3 Awards
Yes, if you file bankruptcy it will stop the lawsuit process. The credit counseling requirement says that you must take a course within 180 days prior to filing the bankruptcy case. What that means is that the certificate is good for 6 months after you take the course. It does not mean you have to spend 180 days in credit counseling. The course usually takes an hour or so to complete.
Whether you should rush to file bankruptcy, or file a response to the Summons, and which Chapter of bankruptcy you are eligible for and whether it would be your best option, can only be determined after having a comprehensive consultation with a qualified bankruptcy attorney in your State. I strongly suggest scheduling a consultation appointment to go over your options.
Answered on Dec 06th, 2018 at 11:53 PM