Q: Does filing bankruptcy help or hurt you when you’re being sued by a creditor?
I was served yesterday with a summons to appear in court in five days. Long story short.... I was preparing to file bankruptcy, even meeting with a lawyer but I hadn’t gotten around to actually filing because I was still trying to come up with the money to retain the lawyer. At the same time, I’m not sure I really want to file ?
When I go to court, should I mention that? Would it help?
If I contact the law office for the creditor before the court date, could they work with me and stop the proceedings?
Thank you again for any response! I’m really nervous about going to court.
A: Filing for bankruptcy relief will stop all other court proceedings, at least for a short period of time. Consult the bankruptcy lawyer as soon as possible for more specific advice- there is more than one type of bankruptcy and there is also some expense for that filing- your situation is more complicated that can be addressed in this question - answer format.
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.
