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  1. #1
    Join Date
    Nov 2014
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    Default How to Answer a Complaint if You Plan on Filing Bankruptcy

    My question involves bankruptcy in the state of: Wisconsin
    I have been considering filing a consumer chapter 7 recently because of a pending judgement Dec. 1st and a lot of qualifing outstanding debt(around 10g). I’m being sued by a creditor and just received my first summons this month. I have not answered yet but instead looked into the chapter 7 quite extensively. I took and qualified on the means test, already got my credit counseling cert., and have filled out the necessary forms for the quick file of voluntary petition. My concerns are my tax refund. I’m married and we file our returns jointly. I would be filing CH. 7 for just myself, I have a house, truck and personal items that would all be exempt under state laws and I know I could wildcard the taxes somehow... but my question to you is this:
    Is there a way to answer the summons and delay the next hearing till after receiving our tax refunds around Feb. 1st at which point I could use the approx. $2500 Joint returns to pay a lawyer to look over the chapter 7 forms and help with filing? The rest of the return would be used to pay up my wife’s credit balences.

    Thank You for any advise in this matter!

  2. #2
    Join Date
    Sep 2005
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    Default Re: How to Answer a Complaint if You Plan on Filing Bankruptcy

    You answer the complaint truthfully, raising appropriate affirmative defenses.

    The court will schedule hearings based upon its docket and the plaintiff's diligence in prosecuting the action. If you seek a trial in a regular trial court it is unlikely that you would have a trial date before Feb. 1, although nobody can promise that the court won't have an unusually clear docket or that the plaintiff won't petition for summary judgment prior to that time.

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