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  1. #1
    Join Date
    Jul 2007
    Posts
    5

    Default Financial Crisis, Lawsuit, And Decrease In Pay After Job Change

    I have a couple of issues going on at the same time, but they are related and I live in Georgia.

    I changed jobs in December 06, took a job with a lot of potential but in same industry I was in. I and my company got sued for non compete; this issue is not resolved and is still ongoing.

    The company I went to dismissed me hoping that would make it better on them in the case. My representation stopped at that moment.

    My income fell by approximately 25k per year and I have 45k in unsecured debt; a lot I know. The minimum payments are about 1400/month. I no longer have the income to support it, so 5 months ago I had to stop. I have kept current on my home and car, but have not paid at all to my unsecured credit debtors. They are of course ringing my cell phone off the hook and I don't even answer it anymore. I don't have the money to make any kind of payment right now.

    I feel that I'm stuck going for bankruptcy as I don't see anyway that I will have the income to pay that again. I'm scraping by right now on my existing income without paying them.

    So my question is twofold. If I file bankruptcy, either chapter, can I name the company suing me in the bankruptcy on a contingency basis. They are suing me and my now former company together. The problem is, I don't have any money to defend myself with, so I feel like a sitting duck. If I can file and name them on a contingency basis, i should probably go ahead and file.

    What do I need to expect and how long to I have? I got a letter in the mail from Chase saying they were turning it over to an attorney in 30 days. How long before they sue and get a judgement against me in Atlanta? Do I have a few months?? Or is it pressing. It really is a matter of timing now on the BK. But I'd like to see if I get a judgement against me on the employment suit before I file if I can. That way, since it's a civil matter, I can simply name any judgement they receive against me in the BK as well.

    Thoughts? I appreciate any help.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,069

    Default Re: Financial Crisis, Lawsuit, And Decrease In Pay After Job Change

    The lawsuit represents a potential liability which can be resolved in bankruptcy. Consult a bankruptcy lawyer now. You may be much better off having the claim against you resolved through the bankruptcy court than by continuing to litigate it in a civil court.

  3. #3
    Join Date
    Jul 2007
    Posts
    5

    Default Re: Financial Crisis, Lawsuit, And Decrease In Pay After Job Change

    Quote Quoting Mr. Knowitall
    View Post
    The lawsuit represents a potential liability which can be resolved in bankruptcy. Consult a bankruptcy lawyer now. You may be much better off having the claim against you resolved through the bankruptcy court than by continuing to litigate it in a civil court.

    I'm not sure you understood what I was getting at. It may be a few months before the employment lawsuit is settled, as of now there is no judgement because it is pending and could remain that way for a while. So I have no way of knowing what if anything I'd be seeking BK protection for with regards to that potential debt. My question is do I have a few months before Chase or another creditor hit me with a judgement? Doesn't it take a while? If so, I could wait out the employment suit and file as soon as I find out what judgement, if any, I have to roll into the BK.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,638

    Default Re: Financial Crisis, Lawsuit, And Decrease In Pay After Job Change

    The point was that you should be eligible to resolve the claim through the bankruptcy court even prior to verdict. Consult a lawyer now, and decide whether or not it makes sense to wait.

  5. #5
    Join Date
    Jul 2007
    Posts
    5

    Default Re: Financial Crisis, Lawsuit, And Decrease In Pay After Job Change

    Quote Quoting aaron
    View Post
    The point was that you should be eligible to resolve the claim through the bankruptcy court even prior to verdict. Consult a lawyer now, and decide whether or not it makes sense to wait.
    Thank you Aaron.

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