Can I opt for bankruptcy if I want to delay a creditor? 18 Answers as of June 14, 2013

Can I opt for bankruptcy if I want to delay a creditor? Is this a good option?

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Debt Relief Law Center | Roger J. Bus
Bankruptcy does more than delay a creditor, the debt is Discharged. You need to discuss your options with a bankruptcy attorney.
Answer Applies to: Michigan
Replied: 6/7/2012
Olson Law Firm | Edward M Olson
If you are simply looking for a delay tactic, then filing bankruptcy is a terrible idea. Bankruptcy does not just delay payments to creditors, it completely changes your financial situation. Do not take any action without talking to an attorney first.
Answer Applies to: Michigan
Replied: 6/5/2012
Rosenberg & Press
Rosenberg & Press | Max L. Rosenberg
This is not a good option if you are trying to delay a creditor. You must have some very bad circumstances in order to need a bankruptcy. A bankruptcy should only be used as a last ditch effort to save yourself and your finances. They can operate to stop lawsuit or prevent or stop a foreclosure from occurring. However, if you are using this simply to delay a creditor, you are probably making a very big mistake. You need to consult with an experienced attorney.
Answer Applies to: Connecticut
Replied: 6/5/2012
Alvin Lundgren | Alvin Lundgren
When you file for bankruptcy all collection efforts must start immediately.
Answer Applies to: Utah
Replied: 6/1/2012
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Dely a creditor? Why just delay, most debts are dischargeable.
Answer Applies to: California
Replied: 6/1/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    Why would you want to delay a creditor?
    Answer Applies to: Texas
    Replied: 6/14/2013
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    In most cases you will not only delay but stop the creditor. It is only a good option if it meets your goals.
    Answer Applies to: Michigan
    Replied: 5/30/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    I would only file a bankruptcy if you intend to go through with it, not just to delay a creditor. Once you file, any assets become part of the bankruptcy estate and you could lose possession of those assets.
    Answer Applies to: New York
    Replied: 5/30/2012
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Bankruptcies MUST be filed in good faith. While the filing may delay some things, a bad faith filing can be disaster. It sounds like you may be about to make a pro se blunder. Get counsel immediately.
    Answer Applies to: Georgia
    Replied: 5/30/2012
    Law Offices of Michael J. Berger
    Law Offices of Michael J. Berger | Michael J. Berger
    Yes. Whether or not this is the best option for you depends on the specific facts and circumstances of your case.
    Answer Applies to: California
    Replied: 5/30/2012
    Ryan Legal Services, Inc.
    Ryan Legal Services, Inc. | Kevin Ryan
    If the debt is unsecured in with a collection company or attorney, you can send a Certified Letter to them indicating that under the Fair Debt Collection Practices Act (15 USC, Section 1692, et seq) that you dispute the validity of the debt and that you request documentation of it from the original creditor. Request that all further communication be in written form, and that they cannot contact your employer, family, neighbors or your home or cell phone. Send Certified Mail, return receipt requested, and save ALL further communication evidence going forward. Retain a lawyer who handles Fair Debt Collection Practices claims if the creditor persists after your reasonable notice and exercise of reservation of your rights per aforementioned letter.
    Answer Applies to: Ohio
    Replied: 5/30/2012
    Attorney At Law | Harry D. Roth
    If all you want to do is delay, then more than likely a bankruptcy is not the best option.
    Answer Applies to: California
    Replied: 5/30/2012
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    Probably not. Normally, you cannot hop in and out of bankruptcy. Plus, once you file a bankruptcy will be on your credit. I don't know what type of debts you have, but perhaps you should talk to the folks at www.NFCC.org to see is they can help negotiate a debt repayment on your credit cards.
    Answer Applies to: Arizona
    Replied: 5/30/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Bankruptcy is not to be taken lightly. It is not a good reason to file a bkr just to delay a creditor, neither is it an option. If you are thinking about bankruptcy, you need to consult an attorney.
    Answer Applies to: Florida
    Replied: 5/30/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Bankruptcy should be your last option. You should consult an attorney as to whether or not this option you should be taking now, and if there is only a single creditor you're having trouble with, perhaps an attorney can negotiate some form of deal.
    Answer Applies to: Michigan
    Replied: 5/30/2012
    The Smalley Law Firm, LLC | Cary Smalley
    I am not sure what you mean by delaying a creditor. I suggest you consult with a bankruptcy attorney to discuss the details of your situation.
    Answer Applies to: Kansas
    Replied: 5/30/2012
    J.M. Cook, P.A. | J.M. Cook
    Technically, that is a bad faith filing.
    Answer Applies to: North Carolina
    Replied: 5/30/2012
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