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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 09-25-2002, 09:10 AM
john12345
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Question

bankruptcy info please


What is the name of your state? - New Jersey

I am and have been struggling to avoid bankruptcy but as I had hoped my business has not picked up and am now at a point where I am going to be making late payments. How long can I try and keep them at bay by making partial payments before they usually try and get a court order to attach my income for their money while I still try to avoid bankruptcy. I have talked to an attorney who for a thousand dollars will do all the filing but I am really trying to avoid it. I have been looking for a new job for over a year and have basically wiped out all savings trying to stay afloat and avoid filing. Consolidation didn't seem to help as it only reduced the monthly payment by 300 per month which honestly at this point doesn't make a difference I still can't afford to make it. I don't own a home and according to the attorney will not loose anything I own under my states guidelines especially since there is no savings or home involved. I do need the money to pay him and if I stopped the bill paying for a few months I would have the money to file but am afraid the creditors will start going to court to attach my wages immediately if I start making partial or stop payments to come up with the money to file.... Any help or advise is greatly appreciated.
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Old 09-25-2002, 09:55 AM
WhatsNext1
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John in most states I'm aware of They can not just waltz in and garnish wages or freeze bank accounts. They must take legal steps. They will most likely send a letter first telling you they are taking legal steps. Then you will get true, "REAL" Court papers. I say real like that because you won't have a question weather they are real or not at this point...

These papers will either be notification of Them suing you and depending on your state you will have 20 or so days to answer them back or a court date may have allready been set. Then you still even have time to haggle around a bit. If they did win then they still have to get a judgment which even takes a little longer yet. If you still let all this fly by and ignore it then they will get a judgment by default and you still will get a notice of what the judgment is.

Even after all this you can immediately file Bankruptcy and judgment will be halted at that point and no collection can continue.

Now I live in Texas where the laws seem to be way out there compared to most states so research your states and laws.

If you are in to deep your credit is already marked and credit consolidation or counseling may not help any. Run searches all over the INTERNET with your direct problems and finances and you will be amazed at what you will learn...

Also most lawyers will talk with you an hour or so free of charge. Talk to several and weigh your options.

Last edited by WhatsNext1; 09-25-2002 at 10:03 AM.
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