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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 05-03-2006, 12:59 PM
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Join Date: Oct 2005
Posts: 26

How does Chapter13 affect a civil complaint


What is the name of your state? NC

I'm currently a defendent against a civil complaint for breaking a residential lease. They are seeking nearly $8000.
I was living with another person (also on the lease and the complaint) who left two months before I did and I was not able to stay in the residence on my own because I couldn't afford it.
During that time (attempting to stay), I maxed all my credit cards, took out a couple crazy rate personal loans, and a hardship withdraw on my 401k...

Now I'm completely broke, can't pay my bills, and am in the negative on my banking account every paycheck.

I'm considering filing a Chapter 13 but wondered what this would mean to the lawsuit? Would this stop them (or at least put them on hold) for now?

Thanks in advance for any help you might provide.
  #2  
Old 05-03-2006, 01:43 PM
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Join Date: May 2001
Posts: 6,453
I'm considering filing a Chapter 13 but wondered what this would mean to the lawsuit? Would this stop them (or at least put them on hold) for now?

Yep, any bk filing will halt all collection activity.
You give no details as to income, assets or, totl amount of debt but, with a limited income and few assets, you may well qualify for a Chapter 7. See a lawyer and get your options explained.
  #3  
Old 05-03-2006, 01:58 PM
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Posts: 26
Thanks.

"You give no details as to income, assets or, totl amount of debt but, with a limited income and few assets, you may well qualify for a Chapter 7."

Counting the lawsuit, unsecured bills are approx. $11,000. I don't own any property, and still have payments on my car (which is the only thing I'm really keeping up on payments with because I can't loose that). My income isn't too low, but less than $30k a year...would that still qualify?
  #4  
Old 05-03-2006, 02:37 PM
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Posts: 6,453
Depends on if the income is above or below the median for your state.
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