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  #1  
Old 02-13-2009, 12:01 AM
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Question

Do I have to wait to file a Ch 7 with an open civil case?

Pennsylvania

I had bought a house a couple of years ago and rented it back to the former owners who were in foreclosure. They were to pay monthly payments and after 12 months, they were to buy it back. They missed over 1/2 of the payments and I sent them a notice of eviction. Had them evicted, they are suing me in civil court stating that I didn't agree to sell it back. They gave me phoney preapprovals for a mortgage and never paid anything on time. My question is this, I know that I am going to file because my credit stinks and I want to know if I have to wait until this civil case is over or can I file now and will it stop their suit against me? My lawyer says that we will win, but the case could take months for a date and I just want this over with. Any suggestions?
  #2  
Old 02-13-2009, 02:08 AM
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You dont specify which chapter you will be filling. However, I understand any judgements against you will not be dissmis with bankruptcy among other responsibilities. ie child support.
The link below is helpful to gain some understanding on both Chapter 7 and 13.
Good luck

[url=http://ezinearticles.com/?Benefits-of-Filing-Chapter-7-Bankruptcy-Versus-Chapter-13&id=1848419]Benefits of Filing Chapter 7 Bankruptcy Versus Chapter 13[/url]
  #3  
Old 02-13-2009, 08:03 AM
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Quote:
Originally Posted by caballo57 View Post
You dont specify which chapter you will be filling. However, I understand any judgements against you will not be dissmis with bankruptcy among other responsibilities. ie child support.
The link below is helpful to gain some understanding on both Chapter 7 and 13.
Good luck

[url=http://ezinearticles.com/?Benefits-of-Filing-Chapter-7-Bankruptcy-Versus-Chapter-13&id=1848419]Benefits of Filing Chapter 7 Bankruptcy Versus Chapter 13[/url]
This post is incorrect. Judgments may be discharged if, the underlying debt is the sort eligible for discharge. Child support oibligations do survive bk but, simple breach of contract cases like this can be discharged.
I'd suggest you consult with your bk attorney on how to proceed. Filing the bk does halt the lawsuit and the other party would need to file an adveserial proceeding if they wish to have their claim dismissed from your bk.
  #4  
Old 02-13-2009, 12:38 PM
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I stand corrected. Thanks
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