Do I need to file for Chapter 13 bankruptcy if a credit card company has brought a case against me and why? 10 Answers as of June 05, 2015

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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Ronald K. Nims LLC | Ronald K. Nims
When you relieved the papers notifying you of the lawsuit, they said a date for you to file an answer. If the answer date is before you plan to file bankruptcy, you show file an answer with the court. This can be a simple letter, stating the parties, the case number and saying that you deny owing the money. If you're plan to file bankruptcy before the deadline for filing an answer, then don't bother to file an answer.
Answer Applies to: Ohio
Replied: 6/5/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
A judgement is not a problem. Get your bankruptcy filed and be done with it.
Answer Applies to: California
Replied: 6/4/2015
Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
Hopefully, you already have a bankruptcy lawyer if you will be filing a chapter 13 case in 10 days. Contact your lawyer and make sure they know about this lawsuit. Ask your lawyer how to manage it.
Answer Applies to: Colorado
Replied: 6/4/2015
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
If you received a summons because you have been sued, response is optional but if you choose to do it must be done within 30 days, a hearing date will be scheduled for a later date. If you don't owe the money or the amount they are attempting to correct is incorrect, it's best to respond regardless of the imminent BK. If a creditor already has a judgment and what you actually received is a summons to show in court for debtor's exam then you must attend or a bench warrant will be issued. Unless you are actually filing Chapter 7, not 13, I strongly urge you not to attempt it without a lawyer. Statistically the success rates of C13s are less than 2% when not represented by counsel. If you consult a bankruptcy attorney they can best advise you on how to proceed in light of all the facts and circumstances of your particular case.
Answer Applies to: California
Replied: 6/4/2015
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
This is something you should discuss with your bankruptcy lawyer. They can advise you about all the facts and issues in your case. If you're thinking of filing a chapter 13 without a lawyer I would strongly advise against it. Bankruptcy is an area of the law that may lawyers won't touch because of the complexities involved. It is based on the federal law, the state law, the federal procedural rules and the local customs and rules. Go see a knowledgeable local bankruptcy attorney ASAP! Most provide a no cost consultation and many allow at least a portion of their fees to be paid in the plan.
Answer Applies to: California
Replied: 6/4/2015
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Trying to answer this question is like calling a doctor at random, and wanting to discuss a five year old xray of your lungs with a dark spot on the film. Meet with a lawyer face to face to discuss your situation. Take all legal papers with you to the meeting. Any experienced lawyer is going to charge you a nominal sum for the meeting. But you don't want to miss the court date based on faulty advice.
    Answer Applies to: Colorado
    Replied: 6/4/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Filing a Chapter 13 will stop the lawsuit as soon as the Chapter 13 is filed. But many Chapter 13 cases fail, and it is possible if there is a delay with the Chapter 13, that a judgment could be entered. While judgments can be discharged, having a judgment entered can lead to all kinds of complications. So either be 100% sure of the quality and timing of the Chapter 13 or cover your backside and file an answer to the collection complaint.
    Answer Applies to: Nevada
    Replied: 6/4/2015
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    Either way as long as the Judgment is not levied upon before you file
    Answer Applies to: New Jersey
    Replied: 6/4/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You should appear in court but if you decide not to, that debt will be included in the bankruptcy anyway.
    Answer Applies to: New York
    Replied: 6/4/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    There seem to be more than one question stated or implied here. First Ch. 13 gives you no more protection from a judgment than does a Ch. 7but the protection is usually quite effective. However, in most places a judgment against you creates a lien on any real estate you own or acquire in the next number of years. In Wisconsin, after as bankruptcy discharge, you can have the judgment lien cleared, but it means a visit to another court and some additional expense. Why not file under whatever chapter soon and avoid having the judgment entered? You may need to file a Ch. 13 for different reasons, if they apply. The question will be whether you have sufficient Disposable Income, based on completion of the 'Means Test.' If you do, the Court can tell you that you may not file under Chapter 7 (or remain in Ch. 7), but that if you want the benefits of bankruptcy you will need to file under Ch. 13. Retain an experienced bankruptcy lawyer. It's almost always worth the expense.
    Answer Applies to: Wisconsin
    Replied: 6/4/2015
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