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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 07-24-2005, 12:34 AM
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Location: socal
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Better to file for CH7 before Judgement(s)?


What is the name of your state? CA

I know I'm coming close to being served a summons (from what I've gathered here & @ other sites) that said...

I have 5 unsecured debts that I'm unable to pay (long time looking for work, since getting layed off post 911 in NYC). So far, I've sent out 3 Debt Val. Letters in response to CA letters & have yet to hear back from any by mail.

Currenty I have no paycheck coming in & have zero assets (have been living through family support for the last year).

So as I look for work hoping to stave off BK I've got to pony up...

SHOULD I JUST FILE FOR CH7 ? before I get a summons or worse, a judgment???

THANK YOU for any feedback.
  #2  
Old 07-24-2005, 06:34 AM
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You're better off filing before a judgment is returned. It'll save time and legal fees because once the bk is discharged, you'll need to return to court and get the judgment vacated.
  #3  
Old 07-25-2005, 05:43 PM
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Quote:
Originally Posted by bigun
You're better off filing before a judgment is returned. It'll save time and legal fees because once the bk is discharged, you'll need to return to court and get the judgment vacated.
THX.

Would it be alright (allow enough time) to wait until I receive a Summons before I get an atty. & file? -or- Is it simply smarter to file before I receive anything?
  #4  
Old 07-25-2005, 05:47 PM
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I'd file prior to being sued. That way you don't have to go through the motions of serving both the court and the plantiffs lawyer with a notice of the bk filing.
  #5  
Old 07-25-2005, 06:04 PM
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Thumbs up

All I need to know.


again Thank You Bigun
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