lawsuit

[kttrumbo]

What is the name of your state (only U.S. law)? Ohio My husband is being sued for some carpentry work.He fired his lawyer as she has done nothing in his favor.He can no longer afford a lawyer to go to the last hearing with him,so he will be going alone. Looks like the judgement will be against him. My question, is if we file bankruptcy can the amount that is rendered against him(around $9,000) be discharched in the bankruptcy? How does that work?Is that considered a dischargeable debt? Thank you.

 

[kttrumbo]

can anyone give an answer to this?

 

[racer72]

The debt can be discharged in a bankruptcy.

 

[kttrumbo]

Does the judgment have to be rendered and filed before we can file the bankruptcy ? He goes to court in early Oct. so if we file before that,what will happen to this debt? Thanks again!

 

[cdbullandbear]

I am in the same situation and my attorney tells me that the monies owed stay on regardless if you've gone bankrupt.

C

 

[latigo]

Does the judgment have to be rendered and filed before we can file the bankruptcy ? He goes to court in early Oct. so if we file before that,what will happen to this debt? Thanks again!

No, you do not need to hold off the bankruptcy filing until the judgment is entered. The claim against your husband is subject to discharge whether reduced to judgment or not.

The instant you file an automatic stay order goes into effect. That stay order temporarily enjoins/stops all creditors from initiating any proceedings in state court, or going forth with any such lawsuits that are pending pre-bankruptcy, or attempting to execute on any judgment issued prior to the filing.

Hire an attorney specializing in bankruptcy. Shop around and you’ll find many whose fees are relatively inexpensive (they work on volume). Plus if you are in a Chapter 13, much of the fees, not all, can come out of the 13 Plan.

 

[kttrumbo]

I am in the same situation and my attorney tells me that the monies owed stay on regardless if you've gone bankrupt.

C

What do you mean,,"stay on" ?