Can you file bankruptcy on a civil lawsuit and if so can I also file on my credit card? 24 Answers as of June 26, 2013

I purchased a 2010 vehicle and gave them a trade-in which they gave me 9300.00 for. It was my parent’s vehicle I traded. My parents gave me the ok to do so but they got upset because the dealership never contacted them for their permission. My parents were upset the dealership sold me a vehicle in poor condition. The dealership gave back my parents their vehicle now I'm getting sued for the loss of 9300.00. I however gave back there 2010 focus which I currently owe the bank now. My question is this dealership is suing me for lawyer fees, storage and the 9300.00. Also, the bank will come after me for the 2010 vehicle that's in my name. So, can I file on the car (bank) and dealership? Also, I have a credit card I want to file on as well can I do that? I live off the credit card sometimes so, if I use it will it hurt me if I end up filing on it? I'm a single mom with 2 kids so my income isn't very much. Thanks so much for your time.

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Kenneth A. Parker, P.C.
Kenneth A. Parker, P.C. | Ken Parker
Yes, you can file a bankruptcy case to stop the civil suit. As a matter of fact, this is a common reason why people file bankruptcy. You mention that you are living on credit cards. If you are going to file bankruptcy, one of the exceptions to a discharge is credit card debt incurred within 60-90 days of filing, so don't use the credit cards for 3 months before you file.
Answer Applies to: Georgia
Replied: 11/1/2012
Philip R. Boardman, Attorney at Law
Philip R. Boardman, Attorney at Law | Phil Boardman
Yes. Bankruptcy will discharge lawsuits as long as fraud is not part of the lawsuit. Credit cards are also discharged.
Answer Applies to: Virginia
Replied: 10/31/2012
Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
You should be able to discharge any debt associated with a repossessed or voluntarily surrendered vehicle.
Answer Applies to: Texas
Replied: 10/31/2012
LAW OFFICE OF MARGARET L. EVANS, PC
LAW OFFICE OF MARGARET L. EVANS, PC | Margaret L. Evans
You must include every single creditor on your schedules and petition; the vehicle and the credit cards must all be disclosed; depending on where the suit is, you may also need to file the appropriate motion(s) to have the lien discharged as well.
Answer Applies to: South Carolina
Replied: 10/29/2012
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Yes unless DUI
Answer Applies to: Tennessee
Replied: 10/28/2012
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Yes, all of these debts appear to be dischargeable and can be erased in bankruptcy.
    Answer Applies to: California
    Replied: 10/27/2012
    Havens Law, LLC
    Havens Law, LLC | William Havens Nebeker
    You can include both the credit card and the lawsuit in the bankruptcy. However, you must include all your debts in the bankruptcy. Also, credit charge purchases made before filing bankruptcy can be excluded.
    Answer Applies to: Utah
    Replied: 10/27/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    A bankruptcy can take care of those problems. I have no idea if you have any equity in the car you want to keep. That would be an issue of "exemptions." You would have to find out locally what exemptions you are entitled to. If you have used the cards extensively in the last 6 moths that could be a problem. The credit card companies might object to a discharge of the amounts charged in the 6 months preceding the filing date. I suggest you see local counsel.
    Answer Applies to: California
    Replied: 10/27/2012
    CARL C SILVER ATTORNEY AT LAW
    CARL C SILVER ATTORNEY AT LAW | Carl C Silver
    Yes, you can file bankruptcy on a civil lawsuit as well as the credit card.
    Answer Applies to: Michigan
    Replied: 10/26/2012
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    You file on all debt. You can not pick and choose. Everything goes in. Your credit cards will be turned off. This applies in New Jersey.
    Answer Applies to: New Jersey
    Replied: 10/26/2012
    Graves Law Firm
    Graves Law Firm | Steve Graves
    You probably can wipe out all the debt in bankruptcy, but you will lose the credit card.? Plus, anything charged within the three or four months before you file will be presumed to be debt incurred in contemplation of bankruptcy and won't be discharged. See a bankruptcy lawyer. You need help.
    Answer Applies to: Texas
    Replied: 10/26/2012
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You can file bankruptcy on these debts, but you will need to include all your debts in any bankruptcy you file. You will want to have a substantial amount of debt in order to be best served by filing bankruptcy. Because of the way this debt occurred, it is possible that the creditor could object to your bankruptcy and you would need to litigate this matter. Litigation is always very costly and there is a risk you could be required to pay this debt even with a bankruptcy.
    Answer Applies to: Nevada
    Replied: 10/26/2012
    Eliza Ghanooni, Attorney at Law
    Eliza Ghanooni, Attorney at Law | Eliza Ghanooni
    It sounds like you need a bankruptcy. Its best not to use your credit cards shortly before you file.
    Answer Applies to: California
    Replied: 10/26/2012
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    When you file for bankruptcy you required to list all your debts - that would include both of these debts. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
    Answer Applies to: Arizona
    Replied: 10/26/2012
    Ross Smith, Attorney at Law
    Ross Smith, Attorney at Law | Charles Ross Smith III
    Yes, you can file to discharge all of the fees, the account, attorney fees and the civil suit on the car deal. But you CANNOT continue to use your credit cards. So stop using your cards now. you should also stop paying on all of your credit cards and Dr. bills now. Go see an attorney and get filed. It usually takes a few weeks. You can afford to take your time. No one can put you in jail for owing money. You are not close to being garnished. So go get your finances fixed. File as soon as you can.
    Answer Applies to: Ohio
    Replied: 10/26/2012
    Ryan Legal Services, Inc.
    Ryan Legal Services, Inc. | Kevin Ryan
    You can list the civil judgment and the credit card as unsecured debts in a bankruptcy case filing. Assuming there are no co-signers then your parents would not be affected in that instance.
    Answer Applies to: Ohio
    Replied: 10/26/2012
    Danville Law Group | Scott Jordan
    One does not file bankruptcy on one specific debt. Bankruptcy is filed and all of your debts are required to be listed and disclosed. If the debt is dischargeable, ie credit cards and judgments, if you qualify, all of your debts will be discharged.
    Answer Applies to: California
    Replied: 10/26/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Consult with a bankruptcy attorney in your area. When you file bankruptcy you have to list all of your creditors and everything you own.
    Answer Applies to: Florida
    Replied: 10/26/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Yes, a chapter 7 should take care of all these issues and if you still have possession of the car, you will likely want to surrender it.
    Answer Applies to: New York
    Replied: 6/26/2013
    Tony M. May Attorney At Law
    Tony M. May Attorney At Law | Tony M. May PC
    The general answer to your question is yes, you can file bankruptcy and include the car, any lawsuit and any credit cards you currently owe money on. That is, however, if you qualify for Chapter 7. I would suggest that you contact an attorney and seek legal advice regarding what you can include in a bankruptcy and what you cannot. You can also see if bankruptcy is the right option for you under your specific circumstances. Most Bankruptcy Lawyers, including my office, provide for a half hour free consultation. You should take advantage of that option.
    Answer Applies to: Nevada
    Replied: 10/26/2012
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    When you file a bankruptcy petition it includes all of your debt and all of your assets; there is no such thing as filing "on" a debt or lawsuit. The bankruptcy will stop the lawsuit and the claims of the dealership and the lender will be included in your bankruptcy. With regard to the credit card that you are "living on"; certain debts are non-dischargeable, including any cash advances and purchases of luxury goods and services in the short time prior to the filing of the bankruptcy petition. Assuming that you don't take cash advances and that any purchase that you make is for necessities (and you make no purchases in the 90 days prior to filing your bankruptcy) you should not have a problem. However, you should contact an attorney to have your situation reviewed prior to filing so that you don't create more problems for yourself.
    Answer Applies to: California
    Replied: 10/26/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You don't file bankruptcy on specific debt. You file and all dischargeable debt is included. If you file, then you will likely have all your credit cards canceled by the creditors. I
    Answer Applies to: California
    Replied: 10/26/2012
    Attorney at Law | David Holbrook
    Yes, all of that debt will go away in a CH7 bankruptcy.
    Answer Applies to: Georgia
    Replied: 6/26/2013
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    You definitely are a good candidate for Ch 7 BK. You can probably discharge the debts you discussed below. Schedule a consultation with a BK attorney.
    Answer Applies to: Colorado
    Replied: 10/26/2012
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