More details to this question:
We are being sued by a credit card company. We are going to file bankruptcy. What should we do next?
15 ANSWERS
Concentrate on trying to get your bankruptcy filed as soon as possible to avoid garnishment, the attachment of a lien or levy, etc.
Answered on Apr 03rd, 2013 at 8:39 PM
Trusts and Estates Attorney serving Jacksonville, FL
Partner at
Law Office of David M. Goldman PLLC
3 Awards
The response to the lawsuit really depends on how soon you plan to file the bankruptcy. You might prepare an answer to the credit card complaint merely in an effort to keep the lawsuit at bay until you file your bankruptcy case. You want to try to keep the credit card company from getting a judgment because in Florida a judgment is an automatic lien and you would have to affirmatively remove the lien in your bankruptcy case, resulting in increased attorney's fees or costs to do the case.
Answered on Apr 02nd, 2013 at 11:41 AM
David M. Axinn
You should discuss this with your bankruptcy attorney. Once the case is filed with the court, and you have a bankruptcy number, the collection case will be stayed - which means that they cannot proceed while the bankruptcy is going on. If/ when you receive a discharge, that will solve the problem.
Answered on Apr 02nd, 2013 at 12:59 AM
Bankruptcy Attorney serving Hampton, VA
at
Haven Law Group, P.C.
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You should schedule a free consultation.
Answered on Apr 01st, 2013 at 11:23 PM
Bankruptcy Law Attorney serving Austin, TX
at
Law Office of Susan G. Taylor
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You should consult an Austin bankruptcy attorney, if you are in this district, & begin paperwork as soon as possible. He or she will help you file an answer, which will delay the credit card company from taking a judgment against you & beginning collection activities.
Answered on Apr 01st, 2013 at 9:42 PM
You may want to file your bankruptcy sooner rather than later because if the credit card debt becomes a court judgment, your life could be complicated very quickly with legal problems including wage garnishment, liens, and attachment of your bank account and other assets.
Answered on Apr 01st, 2013 at 12:57 PM
Credit card debt and resulting collections law suits are discharged through a chapter 7 bankruptcy? You're fine.
Answered on Apr 01st, 2013 at 12:56 PM
Once you file the bankruptcy petition and receive a case number, you should inform the court and the attorney for the credit card of the bankruptcy filing. This will stop the process in court.
Answered on Apr 01st, 2013 at 12:56 PM
Deborah F. Bowinski
You should schedule a consultation with a bankruptcy attorney. In Colorado, if there is some genuine dispute you can file an answer to the lawsuit which will buy you a little time to get your bankruptcy case prepared and filed before the lawsuit would be set for trial.
Answered on Apr 01st, 2013 at 12:55 PM
Bankruptcy Law Business Attorney serving Asheville, NC
Partner at
Pitts, Hay & Hugenschmidt, PA
2 Awards
You should go ahead with the plan to file a bankruptcy.
Answered on Apr 01st, 2013 at 12:54 PM
Estate Planning Attorney serving Wilmington, DE
at
Reger Rizzo & Darnall, LLP
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File bankruptcy if you are eligible to stay the suit.
Answered on Apr 01st, 2013 at 12:54 PM
General Practice Attorney serving Crystal Lake, IL
at
Bruning & Associates, P.C.
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You should schedule an appointment with a qualified bankruptcy attorney. If you qualify for bankruptcy relief, the bankruptcy will take care of the credit card lawsuit. You need an attorney to tell you whether you qualify and to explain the advantages and disadvantages of filing.
Answered on Apr 01st, 2013 at 12:54 PM
Contact a bankruptcy attorney immediately to get the process started. You might also consider interposing an Answer to the credit card company's Complaint, to buy you some time to get the bankruptcy filed before a Judgment gets entered against you.
Answered on Apr 01st, 2013 at 12:54 PM
William Rhymer
Each person's case is different.
Answered on Apr 01st, 2013 at 12:53 PM
Bankruptcy Attorney serving Phoenix, AZ
at
Law Office of D. L. Drain, P.A.
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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 Apr 01st, 2013 at 12:53 PM