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  1. #1
    Join Date
    Oct 2005
    Location
    Jackson, WY
    Posts
    1

    Default Pending credit card suit

    I was considering WY bankruptcy two weeks ago when I was served with a suit by a CO atty on behalf of Citibank. I was not able to file bankruptcy in time to meet the 10/17 deadline and now must file under the new rules. I have contacted a NFCC/EOUST approved counselor, but it seems the process could now take weeks. I expect judgement against me in the Citibank case before I could file the bankruptcy. I can't take a weekday off right now to consult a lawyer, but might be able to leave early one day to file papers with the court. What are my options? The clerk said if a judgement is filed against me, my wages/ bank acct. could be garnished. Obviously, I'd like to avoid that. I have the cash on hand to settle, but would rather lump the account into my bankruptcy. Is there a possibility of getting a stay for the pending bankruptcy? how could I persue this? If a judgement is rendered, do I have to pay immediately or will a judge take my budget into account and setup a payment arrangement that I could include in my bankruptcy? Also, most of these accounts were closed five or more years ago, how might SOL play into this?

  2. #2
    Join Date
    Mar 2005
    Location
    Florida
    Posts
    435

    Default

    SOL can't play into it if you don't go to court and raise it as an affirmative defense. the judge won't look it up himself if you don't bring it up.

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