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  1. #1
    Join Date
    Jun 2014
    Location
    Evansville, IN
    Posts
    18

    Question What to Do if You're Sued Before You File for Bankruptcy

    My question involves bankruptcy in the state of: Indiana

    I recently received the first order to appear in small claims court on 12-22-17. The credit card is through the bank, that I have a 1st & 2nd mortgage with as well.

    1) Do I need special counsel at this meeting, or do I appear and tell the judge that I plan on filing chapter 7?
    2) Do I need to do an emergency filing between now and the 22nd of December?
    3) Can I still file an Application to Waive Filing Fee (Our income for the past 6 and 12 months is below the 150% of the FPL Guidelines)

    Thank you in advance so much!
    John

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Should I File an Emergency Chapter 7

    First rule;

    until you file for bankruptcy you haven’t filed for bankruptcy. The talk of filing is meaningless. Many debtors threaten with bankruptcy to attempt to sway a creditor to alter their path. The judge won’t care. S/he is charged with enforcing the law based on the conditions at the time of their ruling.

    In other words; it’s likely you’ll walk out of court that day with a judgment on your back.

    If you file bankruptcy prior to attending court on the 22nd the automatic stay will be in force and the suit either stayed or dismissed.

    A bankruptcy is not automatic upon filing. You must prove your case. If Bk is denied you are returned to where you were prior to filing

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Should I File an Emergency Chapter 7

    Do I need special counsel at this meeting
    You mean a lawyer? That's up to you. But if you can afford one, you might as well offer the money to the credit card company.

    do I appear
    Yes, you appear. Otherwise there will be a default judgment against you. Though, truth be told, you're probably going to lose anyway.

    tell the judge that I plan on filing chapter 7?
    Won't mean squat.

    Do I need to do an emergency filing between now and the 22nd of December?
    An emergency filing for what?

    Can I still file an Application to Waive Filing Fee
    You're not required to file a response, just appear, so there is no filing fee for you.

  4. #4
    Join Date
    Jun 2014
    Location
    Evansville, IN
    Posts
    18

    Default Re: Should I File an Emergency Chapter 7

    Quote Quoting adjusterjack
    View Post
    You mean a lawyer? That's up to you. But if you can afford one, you might as well offer the money to the credit card company.



    Yes, you appear. Otherwise there will be a default judgment against you. Though, truth be told, you're probably going to lose anyway..
    You are right. I'll be sure to have the automatic stay in place before the 22nd.

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Should I File an Emergency Chapter 7

    There's a lot to do in a month. Lots of forms to fill out, paperwork to prepare, credit counseling, coming up with the money for the lawyer and the filing fee (figure $1500 to $2000 total) and the lawyer will want the money up front.

    Just how prepared are you for filing bankruptcy?

    If you have to start from scratch, you might not get filed by 12/22.

    But, even if you didn't, you could file bankruptcy at any time, even post-judgment and the debt goes away.

    How much are you being sued for?

    Do you have other debts that are in default?

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