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).


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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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

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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