Lutherville Timonium, MD asked in Bankruptcy for Maryland

Q: I live in MD & plan to move to FL 6/30/19. I have paid my creditors to date, and plan on filing bankruptcy in FLorida.

That would be in about 8 months.

(Need time to get settled & all).

So:

What action could my unsecured

Credit cards companies & medical bills take against me in that 8 months, if I stop paying now. (No payment starting February)?

Can they go after my son & his fiancé whose property I plan to move to in FL?

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2 Lawyer Answers

A: They can sue you for nonpayment of the debt, although usually that takes more time than 8 months. Once you move to FL, you’ll have to wait 180 days before you can file there so you might want to consult s bankruptcy attorney in MD and see about filing now.

Andrellos Mitchell agrees with this answer

A: They can sue you, but they cannot sue or get a judgment against anyone other than you if the debt is just yours. They cannot use a judgment against you to attach assets belonging to someone else. Most creditors do not file suit that fast after stopping payment. The debts get transferred to debt collection agencies first. It could be two years before suit is filed. They’d have to get a judgment before they can try to attach your assets. Once you’ve established residency for 6 months in Florida, you can file for bankruptcy there. That will discharge all your debts and stop any collection activities.

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