Can I still file for bankruptcy if I am paying back creditors monthly? 49 Answers as of July 03, 2013

My home was foreclosed on last year. I was sued by a creditor. I have to agree to start paying back or they will start to take it out of my checks. If I agree to pay it back monthly, can I still file for bankruptcy?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
You should be able to discharge the debt in bankruptcy, unless you agreed not to file.
Answer Applies to: Texas
Replied: 12/5/2011
Heupel Law
Heupel Law | Kevin Heupel
Yes.
Answer Applies to: Colorado
Replied: 5/31/2013
The Law Offices of Katie M. Stone
The Law Offices of Katie M. Stone | Katie M. Stone
Even though you have agreed to pay your creditor's back monthly, you can still file a bankruptcy. A bankruptcy will stop you from having to pay them back monthly. I suggest that you speak with an attorney because bankruptcy is very complex and detailed. Most bankruptcy attorneys will offer a free initial consultation. You should know your rights and options before you file. I hope you found this answer useful.
Answer Applies to: Florida
Replied: 12/5/2011
Paul Stuber, Attorney at Law
Paul Stuber, Attorney at Law | Paul Stuber
Yes.
Answer Applies to: Colorado
Replied: 5/31/2013
Law Office of Dede J. Agrava
Law Office of Dede J. Agrava | Dede J. Agrava
Making payments to a creditor does not prevent you from filing for bankruptcy.
Answer Applies to: California
Replied: 11/30/2011
    Charles R. Nettles - Attorney at Law
    Charles R. Nettles - Attorney at Law | Charles R. Nettles
    Yes, you can. There is no requirement that you be late on your bills. There are other requirements regarding the amount of your income and requirements regarding whether you can afford to pay them back and maintain a decent standard of living though.
    Answer Applies to: Texas
    Replied: 11/29/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    Bankruptcy will still clear up the debt, even if you had a payment arrangement until you file.
    Answer Applies to: Colorado
    Replied: 11/29/2011
    Mazyar Hedayat and Associates
    Mazyar Hedayat and Associates | Mazyar Malek Hedayat
    If you file Chapter 7 bankruptcy (liquidation) then you no longer need to repay creditors and creditors can no longer threaten to garnish your wages. If you file Chapter 13 bankruptcy (repayment plan) then payments will continue but only within the boundaries established by your Attorney and confirmed by the Trustee and the Court. Any way you look at it, bankruptcy is designed to keep threatening creditors of taking and keeping the upper hand.
    Answer Applies to: Illinois
    Replied: 11/29/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    If you have made payment arrangements with creditors you can still file bankruptcy in spite of those monthly payments, which will stop if you tell them to do so.
    Answer Applies to: California
    Replied: 11/29/2011
    Athena Legal, LLC | Athena Inembolidis
    Yes, you can still file for bankruptcy. You should talk to a reputable bankruptcy attorney to figure out what type of bankruptcy is right for you and to discuss the timing of filing.
    Answer Applies to: Ohio
    Replied: 11/29/2011
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    You can file for bankruptcy and get rid of the deficiency altogether. It doesn't matter what step of the procedure you're in in paying them back, and it doesn't matter if you have already agreed to pay them back on a monthly basis. Once you file for bankruptcy, they won't be able to garnish your wages (take it out of your paychecks) at all.
    Answer Applies to: Florida
    Replied: 11/29/2011
    ContiLegal | Guy Conti
    Yes you can.
    Answer Applies to: Michigan
    Replied: 5/31/2013
    AyerHoffman, LLP
    AyerHoffman, LLP | David C. Ayer
    Filing for bankruptcy will most likely prevent you from having to continue to make monthly, or any, payments to this or any other unsecured creditor. You should consult with a bankruptcy attorney about your situation to determine if bankruptcy is your best option.
    Answer Applies to: Massachusetts
    Replied: 11/29/2011
    Hermiz Law | Madana Hermiz
    Depends (don't you just hate that word?). Whether you could or could not file really depends upon your financial "big picture." Generally speaking, assuming that your current situation allows you to file (determined insolvent), then generally you should be able to file for bankruptcy.
    Answer Applies to: Michigan
    Replied: 11/29/2011
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Yes you can and you will not be required to pay them back.
    Answer Applies to: Florida
    Replied: 11/29/2011
    Canty Law Firm
    Canty Law Firm | Timothy Canty
    Yes if you otherwise qualify.
    Answer Applies to: Colorado
    Replied: 7/3/2013
    Law Offices of Robert P. Taylor
    Law Offices of Robert P. Taylor | Robert P. Taylor
    Yes, if you otherwise qualify. But why pay them anything? Assuming it's otherwise appropriate, why not file bankruptcy now and save the money you would have otherwise paid these folks?
    Answer Applies to: California
    Replied: 11/29/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    If you file bankruptcy you cannot continue paying them. All creditors must be treated equally in bankruptcy. You can't pay some and not others.
    Answer Applies to: California
    Replied: 11/29/2011
    Law Office of Harry L Styron
    Law Office of Harry L Styron | Harry L Styron
    Your question leaves out details about the creditor, so I will just give you some general information. If the creditor is unsecured, filing bankruptcy will discharge the debt, so you will not have to pay it. There are certain debts which are not dischargeable, including student loans and fines. Other debts are secured, so that when you file bankruptcy the creditor has the right to seize and sell the property which is securing the debt, but you, personally, are discharged of it.
    Answer Applies to: California
    Replied: 11/29/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes, you still file bankruptcy and stop that. You do NOT have to agree however to make any payments unless they have sued you and have a judgement.
    Answer Applies to: California
    Replied: 11/29/2011
    Philip R. Boardman, Attorney at Law
    Philip R. Boardman, Attorney at Law | Phil Boardman
    Yes, you may still file bankruptcy. This will allow you to cease making those payments.
    Answer Applies to: Virginia
    Replied: 11/29/2011
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Yes, you can file at any point and if you get approved for the bankruptcy, that debt is now unsecured since they already foreclosed and will be discharged in your bankruptcy.
    Answer Applies to: New York
    Replied: 11/29/2011
    Gregory J. Wald, Attorney at Law
    Gregory J. Wald, Attorney at Law | Gregory J. Wald
    Yes, you could still file. You don't have to be late on any payments in order to file for bankruptcy.
    Answer Applies to: Minnesota
    Replied: 11/29/2011
    Tony M. May Attorney At Law
    Tony M. May Attorney At Law | Tony M. May PC
    Yes, your ability to file bankruptcy is based on federal law, which gives you the right to file for bankruptcy, at any time, as long as you meet the requirements to do so.
    Answer Applies to: Nevada
    Replied: 11/29/2011
    Marco Sanchez Attorney at Law | Marco Sanchez
    Yes, you can still file bankruptcy if you are in the process of paying back your creditors. First, you will have to meet the Means Test to see if you qualify for bankruptcy (either Chapter 7 or 13), then if you do, you will have to take a credit counseling course to start the proceedings. Thereafter any creditor you have will be put on notice that you have begun the bankruptcy process.
    Answer Applies to: Texas
    Replied: 11/29/2011
    Law Office of Eric Ridley
    Law Office of Eric Ridley | Eric Ridley
    Yes, you can still file. You are free to reaffirm any debt you choose during your bankruptcy, and continue paying on it.
    Answer Applies to: California
    Replied: 11/29/2011
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    Yes, you may still file even if you're making payments.
    Answer Applies to: California
    Replied: 11/29/2011
    Selleck Legal, PLLC
    Selleck Legal, PLLC | Stacey Selleck
    You will still be able to file for bankurptcy on those debts.
    Answer Applies to: Michigan
    Replied: 11/29/2011
Click to View More Answers:
12 3 4 5 6 7 8 Free Legal QuestionsConnect with a local attorney