If I recieved a subpoena from a debt collector but I’m filing for bankruptcy, do I still have to testify?

If so do I just say I’m filing for bankruptcy? Can I offer the creditor a payment option?

Asked on July 22, 2012 under Bankruptcy Law, Pennsylvania

Answers:

Terence Fenelon / Law Offices of Terence Fenelon

Answered 8 years ago | Contributor

If you have received a summons, citation to discover assets, or other legal document requiring your appearance in a proceeding, you must appear.  Failure to do so could result in a contempt citation being issued against you.  The contempt would be your failure to comply with a court order, not your failure to pay a debt. Once you appear, you must comply with any requirements of the procedures, such as explaining or disclosing assets, employment, income, etc..

The mere statement that you INTEND to file will hold very little weight.  If you want protection under the bankruptcy code, you must file a bankruptcy.


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