Can I file for bankruptcy if a credit card company is suing me? 35 Answers as of August 26, 2011

My credit card company is suing me for late payments. I tried to explain to them that I was in the process of filing for bankruptcy. Now my credit card agency is coming after me with a lawsuit. Can I include this in my file? How can I get this agency to stop harassing me?

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Heupel Law
Heupel Law | Kevin Heupel
Yes you can include the debt in your bankruptcy, and once you file, the lawsuit will stop. Thus, the best thing to do is file as soon as possible to get the agency to stop harassing you.
Answer Applies to: Colorado
Replied: 8/26/2011
Law Office of Asaph Abrams
Law Office of Asaph Abrams | Asaph Abrams
Bankruptcy FILINGbut not mere bankruptcy preparationwill stay the harassment and the lawsuit. Answer does not address all implications of the question, nor is it legal advice to be relied upon.
Answer Applies to: California
Replied: 8/15/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Yes, once you file an automatic stay will stop them from collecting. if you get a discharge, it will be included as unsecured debt.
Answer Applies to: Washington
Replied: 8/10/2011
Eric J. Benzer, Attorney at Law
Eric J. Benzer, Attorney at Law | Eric Benzer
Yes
Answer Applies to: Maryland
Replied: 8/6/2011
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
Yes. List the credit card company, the collections company and the lawyers for the lawsuit. After filing fill out the Judicial Council form for Notice of Stay of Proceedings and serve on attorneys and file in the court where the lawsuit is located.
Answer Applies to: California
Replied: 8/5/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    File the bankruptcy. That will stop it, and yes you can include lawsuits and judgements.
    Answer Applies to: California
    Replied: 8/5/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Filing bankruptcy will discharge this debt. It doesn't matter if they have sued you or not. The only way to stop creditor harassment is to actually file the bankruptcy. Thinking about it does nothing.
    Answer Applies to: California
    Replied: 8/5/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    Yes, you should include this in your bankruptcy. This is a reason why a debtor may make the decision to file bankruptcy now, because their creditor is starting to take very real and aggressive collections actions, such as filing a lawsuit against you. Lawsuits will eventually become judgments, and judgments allow the creditors to garnish your wages, freeze your bank account or place a lien against property you own. They also carry a 10% judgment interest rate. If you can qualify for ch. 7, you should probably consider filing ASAP so you can have this debt wiped out. If telling them that you are filing is not causing them to stop harassing you, you may want to write a "cease and desist" letter asking them to stop calling you and that your intention is to file for bankruptcy.
    Answer Applies to: California
    Replied: 8/4/2011
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
    Yes.
    Answer Applies to: California
    Replied: 8/4/2011
    Glen A. Kurtis, P.C.
    Glen A. Kurtis, P.C. | Glen A. Kurtis
    Yes you can include this in your filing.
    Answer Applies to: New York
    Replied: 8/4/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Yes, if you qualify. Talk to a bankruptcy attorney.
    Answer Applies to: California
    Replied: 8/4/2011
    Law Office of Dennis Jay Sargent Jr, PLLC
    Law Office of Dennis Jay Sargent Jr, PLLC | Dennis J Sargent Jr.
    Filing bankruptcy will protect you from credit card collection harassment. You need to make sure that they are included in your petition and contact an Attorney for assistance filing. If there is continued harassment, you may be entitle to sanctions against the company. Get professional legal help.
    Answer Applies to: North Carolina
    Replied: 8/4/2011
    Bankruptcy Law Center
    Bankruptcy Law Center | Bill Zurinskas
    You can file bankruptcy and stop lawsuits. It is better to file bankruptcy before the creditor gets a judgment. Once a creditor holds a judgment, they can garnish your wages or bank accounts, and place a lien on any real estate that you own.
    Answer Applies to: Colorado
    Replied: 8/4/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    A credit card company lawsuit can be included in bankruptcy.
    Answer Applies to: Indiana
    Replied: 8/4/2011
    Theodore N. Stapleton, PC
    Theodore N. Stapleton, PC | Theodore N. Stapleton
    Yes.
    Answer Applies to: Georgia
    Replied: 8/4/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Yes you can file bankruptcy if a credit card is suing you. That stops their case cold, they then are treated just like any other unsecured creditor in your bankruptcy. But file right away before they start garnishing you! They have to stop calling you once you actually file the bankruptcy, it is not sufficient to say you are going to, you have to actually do it. Good luck.
    Answer Applies to: Michigan
    Replied: 8/4/2011
    Dearbonn Law Offices
    Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
    Yes, you can file bankruptcy and discharge the credit card. bankruptcy will act as an automatic stay and will stop the harassment and the lawsuit immediately. Please note that this is not legal advise and should not be construed as such.
    Answer Applies to: Washington
    Replied: 8/4/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    As you have found, telling someone you are going to file bankruptcy often does not stop them from pursuing legal action. This is because they don't believe you. Collectors are told all sorts of things and not everything they hear turns out to be true. Actually filing for bankruptcy will put a stop to the lawsuit and discharge the debt. You need to get your case filed.
    Answer Applies to: Colorado
    Replied: 8/4/2011
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    Your bk filing will stop their actions
    Answer Applies to: New York
    Replied: 8/4/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Yes, include them and that will stop it.
    Answer Applies to: California
    Replied: 8/4/2011
    Grasso Law Group
    Grasso Law Group | Charles Grasso, Esq.
    Include this creditor on your bankruptcy petition (including whether or not there is an active suit associated with the debt); then when you file your bankruptcy petition the creditor's recourse will be handled via a claim to the bankruptcy estate and any suit associated with the debt should be dismissed. You will likely want to hire an experienced bankruptcy attorney to help you.
    Answer Applies to: California
    Replied: 8/4/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    That's absolutely the best time. File before the court date, let the court and creditor know, and it stops. The bankruptcy or your lawyer's name will make you leave you alone. Otherwise don't even talk to them.
    Answer Applies to: Virginia
    Replied: 8/4/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    Filing bankruptcy will stop phone calls and collection efforts. This debt will most likely be discharged in your bankruptcy.
    Answer Applies to: Washington
    Replied: 8/4/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    If you are being sued filing bankruptcy will stop the lawsuit and stop collection efforts against you.
    Answer Applies to: California
    Replied: 8/4/2011
    Florio Law Firm, PLLC
    Florio Law Firm, PLLC | Amber Morgan Florio, Attorney at Law
    Yes.
    Answer Applies to: Texas
    Replied: 8/4/2011
    Melinda Murphy Dionne, PC
    Melinda Murphy Dionne, PC | Melinda Murphy Dionne
    You can file for bankruptcy to stop lawsuits, garnishments, and harassment. All of the debts you listed should be included in your bankruptcy case. It is not too late to get help. Contact a bankruptcy attorney and set up a free consultation to find out how you can stop the harassment.
    Answer Applies to: Alabama
    Replied: 8/4/2011
    Law Office of Felipe A. Malo, P.A.
    Law Office of Felipe A. Malo, P.A. | Felipe Augusto Malo
    Just file for bankruptcy and their lawsuit will be placed on hold Once your debt is discharged they can't refile the lawsuit
    Answer Applies to: Florida
    Replied: 8/4/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You've mishandled things up to now. Get a lawyer quickly. This is not a pro se project. Telling a collector that you plan to file bankruptcy probably sped up the lawsuit, as nothing short of filing stops creditors, and they knew by you saying that statement that you had no lawyer, as lawyers would have told you not to say that. Make sure to get a lawyer IMMEDIATELY. The lawyer will be able to get the bankruptcy filed correctly (assuming you qualify to file), stop the suit and protect you. Be sure to do that before 30 days from service of the suit.
    Answer Applies to: Georgia
    Replied: 8/4/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Yes you can include it in your bankruptcy. To stop calls is to file as that prohibits any further contact.
    Answer Applies to: California
    Replied: 8/4/2011
    Ryan Legal Services, Inc.
    Ryan Legal Services, Inc. | Kevin Ryan
    YES. Absolutely. The filing of the bankruptcy case will also result in the Bankruptcy Court issuing a Stay Order pursuant to Title 11, Section 362 of the United States Code. If the creditor continues to collect after receiving notice, they can be sued in the bankruptcy court for contempt of the Stay Order. You are entitled to attorney fees and possibly damages (under 11 USC, Section 362(k)).
    Answer Applies to: Ohio
    Replied: 8/4/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Not only can you, but you should file.
    Answer Applies to: California
    Replied: 8/4/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    One you file the bankrutpcy case the lawsuit will be stopped automatically by order of the federal bankruptcy court. You must give notice to the creditor and its lawyer in the petition and should follow up with a fax to the lawyer asking him/her to inform the state court of the bankrutpcy filing immediately. This needs to be done by your attorney so that they don't later say they didn't know about the bankruptcy. Once you file no one can contact you to collect the debt so no more harrassment.
    Answer Applies to: California
    Replied: 8/4/2011
    Law Office of Chirnese L. Liverpool
    Law Office of Chirnese L. Liverpool | Chirnese Liverpool
    Yes, they can (and should!) be included in your bankruptcy petition.
    Answer Applies to: California
    Replied: 8/4/2011
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