A judgement while waiting to file bankruptcy

Question Details:

I am wanting to file bankruptcy but need to wait another 30-60 days before I have any money to do so. In the meantime a creditor has filed suit against me and have I have to appear next week for a court date. Is there anything that I can do to prevent that while I get the money together to file bankruptcy?

Asked 10/21/2009 under Bankruptcy | 311 View(s) | More Legal Topics

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Bankruptcy Law Answers

Even if your creditor is granted a judgement, most forms of unsecured debt can be discharged in bankruptcy despite the presence of a judgment from creditors.  This includes credit card debts and medical bills, and judgments that result in garnishment of wages or liens on a bank account.  A judgment that produces a lien on a home can be reduced or eliminated to the extent homestead exemptions permitted under your state bankruptcy laws protect the home's value. In fact, once you file for bankruptcy all collection efforts must stop (whether or not the debtor has a judgment); this is known as the "automatic stay".

Note:  Bankruptcy courts will not discharge debts that are categorized as "priorotiy" whether a judgment has been issued or not.  Priority debts include child support, alimony, tax debts, fines, penalties, court costs, restitution to a victim, and homeowner's association fees. A few additional types of priority debt can be discharged but only in rare cases in which the debtor can show a special exception; these include student loans and income taxes.

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