Can I still file for bankruptcy if I am paying back creditors monthly? 38 Answers as of December 05, 2011
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?Free Case Evaluation by a Local Lawyer!
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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
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
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
Ashman Law Office | Glen Edward Ashman
Instead of continuing to do the frankly foolish step of talking to creditors (NEVER do that!), call and see a lawyer and see if bankruptcy will work.
Answer Applies to: Georgia
Replied: 11/30/2011
Kenneth A. Parker, P.C. | Ken Parker
Yes, you can still file a Bankruptcy case although you have made arrangements to pay a creditor.
Answer Applies to: Georgia
Replied: 11/30/2011
The Stone Law Firm | Shawn L. Stone
If you file bankruptcy and receive a discharge, you will no longer have an obligation to pay most creditors. Speak with a knowledgeable bankruptcy attorney to see if bankruptcy is right for you.
Answer Applies to: Arizona
Replied: 11/30/2011
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
if you do not have sufficient income to meet your obligations you can file for Bankruptcy and the Automatic Stay will stop these actions against you
Answer Applies to: Georgia
Replied: 11/29/2011
The Schreiber Law Firm | Jeffrey D. Schreiber
Yes, unless you enter into the agreement knowing you do not intend to perform it and the creditor stops collection on that promise.
Answer Applies to: California
Replied: 11/29/2011
A Fresh Start | Sean P. Fleming
When you file for bankruptcy, this will negate your payment arrangement with that creditor. In general, non-priority unsecured creditors must all be treated the same in a bankruptcy. So their debt will be discharged along with all of the other debts.
Answer Applies to: Illinois
Replied: 11/29/2011
Law Office of Todd M. Gers, PLC | Todd Gers
Yes, you can still file for bankruptcy regardless of any agreement you have with the bank.
Answer Applies to: Michigan
Replied: 11/29/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Yes you can file bankruptcy even if you are current on payments or making payments in an alternative arrangement. What counts most is that when you file you dont have much in the way of disposable income to be able to pay creditors. You may also consider chapter 13.
Answer Applies to: Indiana
Replied: 11/29/2011
Bankruptcy Law Center | Bill Zurinskas
A bankruptcy can still be filed in spite of any payment agreement. You cannot waive your right to file Bankruptcy.
Answer Applies to: Colorado
Replied: 11/29/2011
Benson Law Firm | David Benson
You can file bankruptcy at any time. The only question is under what chapter and whether you will have to make payments to the trustee.
Answer Applies to: Ohio
Replied: 11/29/2011
Eliza Ghanooni, Attorney at Law | Eliza Ghanooni
You can still file just file asap and then you can stop sending them payments.
Answer Applies to: California
Replied: 11/29/2011
Ross Smith, Attorney at Law | Charles Ross Smith III
Yes, you can still file a Chapter 7 Bankruptcy and discharge creditors that you have agreed to repay, if you are otherwise eligible to file a 7. They are not ready to garnish your pay check until they have sued you, won their judgment and sent out a 15 day notice of the impending garnishment.
Answer Applies to: Ohio
Replied: 11/29/2011
Harkess and Salter, LLC | 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 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
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
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 | 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
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
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
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
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 | 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 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
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 | Michael Johnson
Yes you can and you will not be required to pay them back.
Answer Applies to: Florida
Replied: 11/29/2011
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
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 | Giovanni Orantes
Yes, you may still file even if you're making payments.
Answer Applies to: California
Replied: 11/29/2011
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
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
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
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
