Do I need to file for Chapter 13 bankruptcy if a credit card company has brought a case against me? 9 Answers as of December 16, 2010

A credit card company filed a case against me in court. Do I need to show up in court if I am about to file for a Chapter 13 bankruptcy within the next 10 days? Or can I just ignore them and have them get a judgement against me then file?

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William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
You can ignore the court date if you are going to file a Chapter 13 within 10 days or so.
Answer Applies to: Tennessee
Replied: 12/16/2010
David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
You need to talk to your attorney who you have already retained and knows your case and situation.
Answer Applies to: Missouri
Replied: 12/15/2010
Mankus & Marchan, LTD
Mankus & Marchan, LTD | Tony Mankus
A debt may be discharged in bankruptcy regardless of whether or not the creditor obtains a court judgment against you for this debt. However, once the creditor obtains a judgment against you, he may record it and it becomes a lien against any property you may have. The lien against your property is not discharged in bankruptcy, even though the debt is. This is a complex issue and consultation with a bankruptcy attorney is always recommended.
Answer Applies to: Illinois
Replied: 12/14/2010
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
That depends on the specific facts, sometimes that works, sometimes not.
Answer Applies to: California
Replied: 12/13/2010
Maclean Chung Law Firm
Maclean Chung Law Firm | G. Thomas MacLean Jr.
You should contact an attorney to discuss the specifics of your credit card case. Of course, you can ignore it and any collection of that debt will be
part of the bankruptcy, but to know your options on the credit card case, an attorney may be able to give you further advice on how that can affect you.
Answer Applies to: California
Replied: 12/13/2010
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    You need to consult with your bankruptcy attorney on this. It probably does not matter if they get the judgment before you file, but if they get a lien against property you have, you'll have to take additional steps to have that removed in your bankruptcy. That having been said, showing up probably won't stop the judgment from being entered, but you could contact the plaintiff's attorney to reach some kind of settlement or payment arrangements that would postpone the filing of a lien.
    Answer Applies to: California
    Replied: 12/13/2010
    Steven D. Keist, Attorney at Law
    Steven D. Keist, Attorney at Law | Steven D. Keist
    Ignore the case if you are going to file within the next 30 days.
    Answer Applies to: Arizona
    Replied: 12/13/2010
    DiManna Law Office, LLC.
    DiManna Law Office, LLC. | Dawn DiManna
    If you do not show up then by default they will receive a judgment. The situation you present is a little more complicated than can be answered on-line briefly. You should consult a bankruptcy attorney.
    Answer Applies to: New Hampshire
    Replied: 12/13/2010
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You could just file your case if you want but you might want to either file your chapter 13 case first before they get a judgment. If the creditor gets a judgment and you don't complete your case, the judgment comes back and the creditor can continue collecting on it.
    Answer Applies to: California
    Replied: 12/12/2010
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