Being Sued?

[09seabelle]

What is the name of your state (only U.S. law)? Georgia

Hello. I am filing chapter 7 at the end of the month. I had a car repossession and the owner of that debt called yesterday. I gave them my attorney's contact information and said I am filing chapter 7 at the end of the month. My attorney was in court yesterday. I was unable to speak with him. Will this agency be able to sue me before I file chapter 7? Thank you for your help.

 

[Proserpina]

What is the name of your state (only U.S. law)? Georgia

Hello. I am filing chapter 7 at the end of the month. I had a car repossession and the owner of that debt called yesterday. I gave them my attorney's contact information and said I am filing chapter 7 at the end of the month. My attorney was in court yesterday. I was unable to speak with him. Will this agency be able to sue me before I file chapter 7? Thank you for your help.

Yes, they can.

(Do you know how many people tell their creditors that they're going to file for bankruptcy? Gazillions. They hear it frequently)

With that said, fraud issues notwithstanding the debt would likely be discharged anyway.

 

[Mass_Shyster]

Yes, they can sue before the end of the month. The lawsuit by the creditor will be stayed (suspended) during the bankruptcy proceedings, and dismissed when the debt is discharged.

As Proserpina wrote, everyone and their brother tells the creditors they are filing bankruptcy, so the don't listen until they receive the notification from the bankruptcy court.

It would be foolish of them to file before the end of the month, as they would waste the filing fee.

 

[09seabelle]

Thank you both for your responses.

 

[Ohiogal]

Thank you both for your responses.

Be aware that filing bankruptcy will NOT prevent spousal support for being awarded to your husband -- while it may only be for a short time, bankruptcy doesn't prevent the award from happening.

*see her posting history to determine why I am answering this way*

 

[wavehopper27]

I'm unaware if this is relevant but bankruptcy will do nothing to child support either.

 

[09seabelle]

The bankruptcy is a separate issue. I would need to file if we were happily married.

I have another question. I apologize if I should have started a new thread. Is an employer required to give a terminated employee a separation notice? My husband hasn't received one and he was fired in August.

 

[Proserpina]

The bankruptcy is a separate issue. I would need to file if we were happily married.

I have another question. I apologize if I should have started a new thread. Is an employer required to give a terminated employee a separation notice? My husband hasn't received one and he was fired in August.

Since this is a different topic, it should have ideally gone to the employment forums. But since you asked, the general answer is "no", unless he is a union employee or has a CBA.

In every state but one (and even then, sometimes), employment is "at will", meaning the employer can fire you simply because it's Tuesday, because he doesn't like the shirt you're wearing, or because he had an argument with his wife that morning.