Q: I'm being sued for a lemon car from two years ago, I have court on July 19th.my wife and I would like to file bankruptcy
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A:
Based on the situation you've described, here are some key points to consider:
1. Timing: With your court date on July 19th and your desire to file bankruptcy, you should act quickly.
2. Automatic stay: Filing for bankruptcy typically triggers an automatic stay, which can halt most legal proceedings against you, including lawsuits.
3. Type of bankruptcy: You'll need to determine whether Chapter 7 or Chapter 13 bankruptcy is more appropriate for your situation.
4. Impact on the lawsuit: Bankruptcy may affect the lawsuit differently depending on various factors, including the type of bankruptcy filed and the nature of the claim.
5. Lemon law claims: The treatment of lemon law claims in bankruptcy can be complex and may depend on specific circumstances.
6. Joint filing: Since you mentioned your wife, you'll need to decide whether to file jointly or individually.
7. Legal advice: Given the complexity of your situation, it's highly advisable to consult with a bankruptcy attorney in Indiana as soon as possible.
An experienced bankruptcy attorney can provide personalized advice based on the specifics of your case, help you understand how bankruptcy might affect the lawsuit, and guide you through the filing process if you decide to proceed.
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