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Haven't filed BK yet, Civil suit filed by creditor

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mikeniceaz

New member
I recently received a summons regarding a suit filed by a creditor. I have not yet responded. I have also not yet begun my BK case although I intend to very shortly. The debt to this creditor is less than $10k. Should I notify the court, the attny representing the creditor, the creditor of my intent to file? Should I respond to the summons? When they get a judgement against me will it be discharged in the BK?
 


FlyingRon

Senior Member
Your "intent" means nothing. If you are actually filing, have the lawyer handling your bankruptcy filing notify the other party. As to whether your bankruptcy will wipe out this particular debt or an ensuing judgment depends on what the debt is.

You need to tell us the state.
 

adjusterjack

Senior Member
Should I notify the court, the attny representing the creditor, the creditor of my intent to file?
Don't bother. They hear that all day, every day, and it's meaningless until you send them your copy of the petition that was date stamped as entered into the federal court records.

Should I respond to the summons?
That's up to you. If you owe the money, it probably doesn't matter.

When they get a judgement against me will it be discharged in the BK?
Depends on the nature of the debt, but if it's consumer debt, probably.
 

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