This is if both the defendant and attached business are named in the settlement. There would be a stipulation for entry of judgment attached to the settlement. The concern is the defendant defaulting and possibly filing bankruptcy prior to making payments.
More information is needed to determine how a bankruptcy may affect the settlement.
Once the defendant files for bankruptcy, whether it be personal or business bankruptcy, an automatic stay is generally issued. The automatic stay may legally prevent you from enforcing the settlement or...Read more »
I cosigned a car loan for a friend. He defaulted the car loan and the bank handed the loan to a collection agency. I had to declare bankruptcy which destroyed my once stellar credit score. As a result I'm strained financially and am still recovering my credit score. I am unable to get any... Read more »
Bank of America is suing me for not paying business card debt of $7000. I offered them half, they didnt agree. I cant pay more since Covid has affected business and I need to pay my employees. $7000 is the pay of one employee in my office for 2 months. Bank of America is restricting my ability to... Read more »
I’m very sorry to hear about your current situation. The pandemic has placed countless individuals and businesses in detrimental positions due to little fault of their own. However, if the debt is legitimate, Bank of America has a right to file a lawsuit to recover the debt.
Our combined debt is about $40K and we cannot afford to pay such a high price for a lawyer right now. We want to be able to buy a home in the near future, and are considering settling each debt individually or filing BK if that would be more affordable.
I agree with my colleagues. Though attorneys fees are higher here in California, a $4,000 attorney fee sounds a bit steep for a Chapter 7 filing; however, the cost may be justified given your circumstances. If the attorney is charging $4,000 for a Chapter 13 in California, the price can be...Read more »
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