Can I include my loans when I file for chapter 7? How? 19 Answers as of May 06, 2015

I just got served a court summons yesterday. I am being sued for unpaid loans from a credit union. Is it too late to file for chapter 7 and include those loans?

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Novakov & Associates, PLLC
Novakov & Associates, PLLC | LINDA S. NOVAKOV
It would seem that you are at a time that would be in your best interest to file. Assuming that you meet all the qualifications to file, as soon as the case is filed, an automatic stay goes into effect and creditors must cease all collection activities. Speak with a qualified attorney in your area to file.
Answer Applies to: Kentucky
Replied: 5/6/2015
Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
All debts must be included when a person files bankruptcy. The fact that a lawsuit has been filed does not change the ultimate outcome as far as a bankruptcy discharge. You should consult with a bankruptcy lawyer as soon as possible to try to avoid garnishment of pay checks and bank accounts.
Answer Applies to: Colorado
Replied: 5/5/2015
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
The loans can be included in your Chapter 7 filing.
Answer Applies to: Colorado
Replied: 5/5/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
It is never to late to file bankruptcy and to include a debt. In fact, you are required by law to include all debts in your bankruptcy, even those you believe cannot be eliminated through bankruptcy. Credit union debts come with some specialized issues involving cross collateralization and you will want to raise this issue with any attorney you select to represent you.
Answer Applies to: Nevada
Replied: 5/5/2015
Cohen & Kendziorra, P.A.
Cohen & Kendziorra, P.A. | Robert S. Cohen
Pending lawsuits are based on a debt owed to a creditor so you can and must include them in your bankruptcy. ? ?I would file before the debt becomes a civil judgment.
Answer Applies to: Florida
Replied: 5/5/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    No, if they are just unsecured loans the bankruptcy will discharge them and wipe them out.
    Answer Applies to: New York
    Replied: 5/5/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    No it is not too late. In California if they sued you they waived any security agreements they might have. (sometimes credit unions "cross collateralize" credit card debt against any vehicles they finance for you).
    Answer Applies to: California
    Replied: 5/5/2015
    Ronald K. Nims LLC | Ronald K. Nims
    No, it's not too late. Many people file Chapter 7 upon learning that they are being sued.
    Answer Applies to: Ohio
    Replied: 5/5/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    Typically you will have 20 to 30 days to respond to a lawsuit after being served. That should be sufficient time to file a bankruptcy to protect yourself from the lawsuit. Even if a judgment is issued against you, however, it can be discharged in a bankruptcy. The risk you want to avoid is garnishment of your wages or bank account after a judgment is entered, so it is best to file bankruptcy before the deadline for responding to the summons.
    Answer Applies to: Oregon
    Replied: 5/5/2015
    Stephens Gourley & Bywater | David A. Stephens
    No. You can still file and still include them.
    Answer Applies to: Nevada
    Replied: 5/4/2015
    John W. Lee, PC
    John W. Lee, PC | Kim A. Lewis
    No it is not too late. You may still file bankruptcy against those debts.
    Answer Applies to: Virginia
    Replied: 5/4/2015
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    No. You can still put in bankruptcy.
    Answer Applies to: Alabama
    Replied: 5/4/2015
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    You can file bankruptcy and include all debts you have, whether or not a court proceeding has commenced, or even if a judgment has already been entered. It is the fact of the existence of the debt, not the status of collection of the debt, which matters.
    Answer Applies to: California
    Replied: 5/4/2015
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Yes, you must include all debt when you file bk.
    Answer Applies to: Nevada
    Replied: 5/4/2015
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    It's never too late, although if they get a lien against property you have, you may need to file additional documents to remove the lien.
    Answer Applies to: California
    Replied: 5/4/2015
    Paul Stuber, Attorney at Law
    Paul Stuber, Attorney at Law | Paul Stuber
    It is not too late to file after you are served. Many judgments are part of bankruptcy discharges.
    Answer Applies to: Colorado
    Replied: 5/4/2015
    Danville Law Group | Scott Jordan
    Yes, you must list all of your debts in the bankruptcy schedules. A bonus of filing bankruptcy is that the lawsuit will be stayed and you will not have to file an answer or go to the civil court.
    Answer Applies to: California
    Replied: 5/4/2015
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