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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 03-05-2001, 01:01 AM
jellibeene
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i live in arizona
i have a lot of credit card debts. have a mortgage on my home, own my car. i have received a civil summons from one of the credit card companies for $5,000.+ i have 20 days to answer.should i or is it too late to file for bankruptcy?
i am a few payments late on this credit card, but have been sending them $100.00 each month,but they are still suing me.

thank you for your advice
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Old 03-05-2001, 02:12 PM
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You can file bankruptcy at anytime. In fact, if you were to file prior to your court date, it would force the court to cancel the hearing. The only problem I would foresee would be your home mortgage. For a Chapter 7 bankruptcy, you are allowed only $96,000 in is assets that may be exempted. If your current home value (outstanding mortgage balance plus any equity) exceeds $89,000, you would be force to sell the home before the bankruptcy could proceed. Also, you are allowed only $1000 for the value of your vehicle. With a chapter 13 bankruptcy, you could keep your home and car and the credit card company to accept lower payments. A 13 would also stop the court hearing too.
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