Q: How long does bankruptcy take?
I have a court date for a credit card bill in a few weeks. I was thinking about filing bankruptcy, but I have heard that it takes months, so I'm not sure whether it will help me.
A:
It's true that the typical Chapter 7 bankruptcy case takes a few months to complete, and a Chapter 13 case even longer. However, that doesn't mean that bankruptcy can't help with a lawsuit that's already pending.
First, the automatic stay that takes effect when most bankruptcy cases are filed stops collection actions such as lawsuits. That means that most court cases can't move forward while the automatic stay is in effect, even if they were filed before the bankruptcy .
Second, it is usually possible to discharge judgments from debts like credit card bills in bankruptcy. Taking action sooner is wise in order to prevent complications like wage garnishment, but even if a judgment is entered before a person files bankruptcy, that debt may still be eliminated.
*Kevin Chern is an Illinois licensed attorney who has practiced in federal consumer bankruptcy law and consumer protection law for the last 21 years. He is the Managing Partner of UpRight Law. Kevin's law partners are licensed in all 50 states and work in conjunction with Mr. Chern to provide bankruptcy and consumer legal services in all 50 states. Mr. Chern's answers to the questions are intended for informational purposes only and are not intended to be legal advice. Use of the answers does not establish any attorney-client relationship. For legal advice, you should consult with an attorney licensed to practice law in your state and with appropriate expertise.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
