Table of Contents
Do you have to go to court for bankruptcies?
Many people are intimidated by the legal system–going to court, appearing in front of a judge, and being questioned under oath. However, when you file for bankruptcy, you never really have to go to court. The only appearance you are required to make is attending the 341(a) Meeting of Creditors.
Can u file bankruptcy after being sued?
If you’ve been sued by a creditor because you can’t pay your debts, filing bankruptcy will stop the lawsuit. You can also file bankruptcy after you’ve already lost the lawsuit and a judgment has been entered against you.
Is it better to file bankruptcy before or after a Judgement?
In general, it is best to file a bankruptcy case before a judgment is entered after a lawsuit. Usually, if a lawsuit has been filed or a judgment has been entered against you, it does not change whether you can discharge that debt in bankruptcy. But not all debts can be discharged in bankruptcy.
What happens if I file for bankruptcy and receive a summons?
Filing for bankruptcy has an immediate staying effect on the summons and lawsuit. Under federal bankruptcy law, filing a voluntary petition for bankruptcy–whether under Chapter 7 or 13–automatically stays any pending lawsuits or other debt collection activities against you.
When to respond to a summons and complaint?
If you are served with a Summons and Complaint, you should first record the date and manner in which you were served, and then retain a lawyer to file a timely response on your behalf. In most instances, for Superior Court lawsuits, you have 30 days from the date of personal service to respond to the Summons and Complaint.
Can you file for bankruptcy if you have a judgment?
The important question is whether filing for bankruptcy will help you avoid liability for judgment on the debt. The answer to that question depends on whether you file for Chapter 7 or Chapter 13 bankruptcy and also depends on the type of debt.
Do you need an attorney if you receive a summons?
It depends upon the circumstances. If the summons is to small claims court or for jury duty, or if it’s a very simple issue, you might not need an attorney. It’s always a good idea to get help from an attorney if you have questions or need help in dealing with the issue.