If I plan to file bankruptcy in the next 30 days, do I need answer a summons by tomorrow regarding a lawsuit brought by a credit card company?

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If I plan to file bankruptcy in the next 30 days, do I need answer a summons by tomorrow regarding a lawsuit brought by a credit card company?

An answer is required for the summons. I am filing bankruptcy soon. I was wondering if allowing the summons to go to default judgment by not appearing tomorrow and then claiming it on my bankruptcy was a viable option.

Asked on December 19, 2011 under Bankruptcy Law, Colorado

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Since you are going to be filing bankruptcy soon, you can let the default judgment be entered and list the creditor on your bankruptcy which will stop the creditor from enforcing the judgment. 

If for some reason, you decide not to file bankruptcy after the default has been entered, you will need to file a motion to set aside the default.  If the judge grants your motion to set aside the default, the case will then be back on track and litigation will continue.


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