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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 08-19-2005, 01:19 PM
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Join Date: Aug 2005
Posts: 2

Only option Bankruptcy?


What is the name of your state?Tenn. I am being sued by 2 attorneys for a past fees from a bad divorce for around $2000. I also owe another 22,000 to credit cards and another $2000 to another attorney. All for a divorce not final yet. I have barely any money no job and my x has the house. My name is not on it. I have been avoiding the supeonas but need to know what comes next. I go to college and have one year left before I grad. One attorney said if I would bring in the court fees(219) he would file the bankruptcy. My car is a 96. I have no money in savings but occasionaly sell a few things on line and that is direct deposited. But it is not enough to eat on. I have recieved some help from relatives. I am also have health problems. I need to keep doing online business what little it is. What do i do with all this? I dont really have money for a bankruptcy? I cant even come up with the rent and fixing car. Is there any hope? I am in fear everyday that they will take my broken car or take little money out of my bank account. Someone told me to file a poor mans form at the courthouse?? Can I anyway put off the bankruptcy? But what about the new laws??

thanks
Lovelydeb
  #2  
Old 08-19-2005, 04:48 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
With little income and no assets, you're one of the few who could still file Ch 7 under the new laws.

Avoiding the subpoenas is pointless, they're going to win against you anyway by doing that. Once they win a judgment against you, they're not going to take your old car, they won't get anything for it if they did. They can sieze your bank account. With no wages, they can't garnish anything.. yet. Once you do get a job, they'll be waiting.

Bankruptcy would relieve you of all of this mess. You could try legal aid, you may qualify for that kind of help. Where in TN are you ? You MAY qualify to have the BK filing fees waived.

How are you paying for college ?? Are you getting student loans ?? Why can't you get at least a part time job ??
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #3  
Old 08-19-2005, 05:00 PM
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Join Date: Aug 2005
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I have looked for a job and have had no success yet. I am getting fin aid and loans. How would you have bk waived if qualified? Wouldnt the attorneys I have called told me this? How long do they wait to get a judgement after sopenas? They filed them in July and have not served me. Do I have a little time? thanks lovely
  #4  
Old 08-19-2005, 05:24 PM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Well, you might get the FILING FEES waived, or you could just ask to pay the fee in installments. Under some circumstances filing fee payments can stretch out to 6 months after your filing date. You'd still have to pay a lawyer to take care of your case. With an unfinalized divorce, bankruptcy for you may no longer be a 'simple' case. Legal Aid MIGHT help you,

How do you KNOW these lawyers have filed lawsuits in July ? It can take some time before you're served, its not usually instantaneous. Once you're served, you have 20-30 days (depends on your state) to file an Answer to the Complaint. If you don't file an Answer, the creditor gets an automatic default judgment and you lose all chances to negotiate for anything. If you DO file an answer you may have a court date and the decision is likely to be made that day one way or the other. There is then a 30 day waiting period for you to appeal the judgment. AFter that, they go after you any way they legally can.

If you have student loan money sitting in a bank account, they could snatch it all and you'd have to fight them to get it back. That money IS exempt, but its grab first and ask questions later with them.

You need to do SOMETHING, don't just let them roll over you and surely do NOT ignore it. If you've nothing they can take, then there' s not much they can do.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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