Q: Can a credit card company that has begun the process of suing,be excluded from a bankruptcy filing?
I haven't filed anything yet,nor retained an attorney. I'm in the beginning stages of determining what my next step is going to be.
I spoke on the phone to a prospective attorney who said that the credit card co. would be excluded from any bankruptcy filing.
A: All credit yours of yours must be listed in the bankruptcy. There is no exception as to a creditor not being listed. Unless you are required to reaffirm the debt there should be no reason for them to state that they would be excluded.
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A: No. Every creditor you have must be listedcin your petition. Once you file and the automatic stay is in place, the cc company is prohibited from taking any further action against you.
A: Your duty is to list ALL of your assets and ALL of your Creditors. When you sign the bankruptcy petition and schedules you are stating that the information is true and correct to the best of your knowledge. That is one of the first questions the trustee asks you, under oath, when you attend the Section 341 meeting of creditors. IF you fail to list them and the trustee is able to pursue any of your assets, like a tax refund or other property you can't protect with your exemptions, the unlisted creditor will not be discharged. You want to list them and get your case filed before the Creditor obtains a judgment because once they have a judgment they can place a lien on your property.
Whoever that lawyer was, RUN from them. lol.
In any bankruptcy filing, all of your creditors must be notified of the filing of the bankruptcy. How you want to treat them and whether they are discharged (or you continue to pay them) in your bankruptcy are questions/issues you should speak with a Bankruptcy attorney about. There are many variables that go into the treatment of certain creditors. With that being said, a credit card company (whether they are suing you or not) will be included in your bankruptcy. And, unless they sue you for non-dischargeability and win, it will be discharged.
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