Will the credit card company sue me if I file for bankruptcy? How? 19 Answers as of May 07, 2015

I was just wondering if I file for a bankruptcy, will the credit card company just go ahead and sue me? I am thinking about filing but I am a little bit confused still.

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Ronald K. Nims LLC | Ronald K. Nims
Credit card companies can't sue you if you file bankruptcy unless they have to permission of the bankruptcy court. The bankruptcy court will only grant permission if you committed fraud against the credit card company (for example, lied on the application - you're the Bill's Burgers Bill Gates not the Microsoft Bill Gates ) or if you ran up a lot of charges shortly before filing bankruptcy (don't go on a two week trip to Vegas on your plastic then file when you get back home).
Answer Applies to: Ohio
Replied: 5/7/2015
Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
No. Filing a bankruptcy case will protect you from collection actions. If, however, a creditor obtains a judgment against you before you file for bankruptcy they will be able to try to collect by way of garnishment or other lawful means up until the bankruptcy case is filed. The bankruptcy filing will stop all collection efforts.
Answer Applies to: Colorado
Replied: 5/7/2015
Stephens Gourley & Bywater | David A. Stephens
The credit card company cannot sue you if you file bankruptcy unless it sues you in bankruptcy court to have the debt held to be nondischargeable.
Answer Applies to: Nevada
Replied: 5/6/2015
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
No confusion necessary. Filing bankruptcy stops all legal proceedings against you.
Answer Applies to: Colorado
Replied: 5/6/2015
Law Offices of Joseph A. Mannis
Law Offices of Joseph A. Mannis | Todd Mannis
The whole point of bankruptcy is that they are prohibited from suing you once you file bankruptcy.
Answer Applies to: California
Replied: 5/6/2015
    Law Office of Marlin Branstetter
    Law Office of Marlin Branstetter | Marlin Branstetter
    As long as there was no fraud or abuse in using the credit card the credit card company will not sue if you file bankruptcy.
    Answer Applies to: California
    Replied: 5/6/2015
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Once you have filed bankruptcy, creditors are prohibited from starting any lawsuits against you by what is called the "automatic stay." So no, they cannot go ahead and sue you once you have filed bankruptcy. And when you receive your discharge, that prevents creditors from suing you after the bankruptcy is completed.
    Answer Applies to: California
    Replied: 5/6/2015
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    If you file for bankruptcy a credit tour cannot see you outside of bankruptcy. However, if the creditor believes that you incur the debt through fraud then there is a deadline within which the creditor must bring suit against you in your bankruptcy. Otherwise the debt will be discharged.
    Answer Applies to: Nevada
    Replied: 5/5/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    As long as you list the credit card company as a creditor in your bankruptcy, they are prohibited by the automatic stay from taking any collection action against you, such as a lawsuit. If they do sue you, your bankruptcy is a complete defense and the judge will dismiss their case. You could also prosecute them for violation of the stay.
    Answer Applies to: Oregon
    Replied: 5/5/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    If the credit card company sues you after you file bankruptcy, every bankruptcy attorney in the state will want to represent you. The judge will slap the credit card company's attorney and will impose a fine on them. You will be entitled to a wad of cash for your inconvenience and your attorney's fees will be paid by the creditor. You could even bring in the judge from the state court action on this matter, and that judge would really make the creditor's attorney's life a living hell. Sounds like a fun day in court!
    Answer Applies to: Nevada
    Replied: 5/5/2015
    Novakov & Associates, PLLC
    Novakov & Associates, PLLC | LINDA S. NOVAKOV
    Filing a petition for Bankruptcy imposes an automatic stay, which means that no creditor can continue to attempt to collect money from you, including filing suit for collection. The purpose of bankruptcy is to give a debtor a "fresh" start. Chapter 7 bankruptcy wipes out unsecured debt, with the exception of Student Loans and in some cases income tax liability. There are other exceptions - however, all debt and all assets must be listed in the petition. You must be able to meet the means test guidelines with regard to income for Chapter 7 discharge. You should gather all your income and debt documentation and make an appointment to speak with a competent attorney to assess your situation.
    Answer Applies to: Kentucky
    Replied: 5/5/2015
    Danville Law Group | Scott Jordan
    No. The credit card company cannot sue you if you file for bankruptcy protection. When you file for bankruptcy protection, the law provides something that is called the "automatic stay", which means no creditor can sue you while the bankruptcy proceeding is open. If you receive your discharge, the credit card debt will be discharged and they cannot ever attempt to collect the money from you. If they do, you can sue them. I suggest you contact a local bankruptcy attorney for assistance.
    Answer Applies to: California
    Replied: 5/5/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    First things first: find an experienced bankruptcy lawyer. It's almost always worth the investment to be relieved of the uncertainty your question discloses. Once you file a bankruptcy petition, there comes into effect an Automatic Stay, which prohibits virtually all your creditor from taking any action at all to collect from you. That's one of the major benefits of bankruptcy. At the end of the case (in a Chapter 7 case usually three months after filing) you (in almost all cases) get a discharge, which is a permanent court order prohibiting your creditors from trying to collect on any dischargeable debt. (Certain categories of debt may not be discharged.) Discuss it with a lawyer who can review all the facts and answer all your questions. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 5/5/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    They CANNOT sue you if you file BK. The automatic stay prevents that. The underlying debt will be discharged in the process.
    Answer Applies to: California
    Replied: 5/5/2015
    Cohen & Kendziorra, P.A.
    Cohen & Kendziorra, P.A. | Robert S. Cohen
    Once you file bankruptcy, all creditors have to stop all collection activities including any pending lawsuits. Credit card companies cannot sue you once you file bankruptcy. Bankruptcy protects you.
    Answer Applies to: Florida
    Replied: 5/5/2015
    Law Offices of Daniel J Winter
    Law Offices of Daniel J Winter | Daniel J Winter
    No, if you file bankruptcy, they cannot sue you, and, generally, they can be eliminated in bankruptcy. But, you should call an attorney for a consultation to see whether you qualify, and whether there might be any problems.
    Answer Applies to: Illinois
    Replied: 5/5/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Not as long as you did not commit fraud then no they will not sue you.
    Answer Applies to: New York
    Replied: 5/5/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You should not file a bankruptcy without first consulting with an attorney to determine whether or not it is your best course of action. Whether or not the credit card company has filed a suit is generally irrelevant if you indeed do file bankruptcy.
    Answer Applies to: Michigan
    Replied: 5/5/2015
    Wink & Wink
    Wink & Wink | Gigi Wink
    It would be very unusual for a credit card company to sue you within a bankruptcy. If you incurred charges with the intent of discharging them in a bankruptcy, then you could be at risk, but merely being unable to maintain payments on a credit card or cards is not a reason for them to survive a bankruptcy. Get a free consultation with an attorney so they can set your mind at ease and let you know how bankruptcy will affect your specific situation. In all my years of filing consumer bankruptcies I have never had a client sued by a credit card.
    Answer Applies to: Colorado
    Replied: 5/5/2015
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