Comfrtblenumb Posted January 17, 2005 Report Share Posted January 17, 2005 hi all, my fiance was served with a summons at work yesterday. he has the 20 days to respond yada yada yada. we are thinking he might should do the whole bk thing. can you file bk after you have been served a summons? can you include the debt that you are being taken to court for? i assume a bk will not be complete before this summons thing meets and most likely a judgment will be placed against him. we rent, he is head of the household, claims our daughter on his taxes, owns his car that is worth about a buck. it would take us forever to pay off what they are saying he owes, about 10 grand of it is fees, lawyer fees, late payment fees etc. would a judgement "go away" if he filed bk? if he does file bk does he lose all his credit cards that are in good standing? how do you find a bk lawyer? or do you just get one out of the phonebook? is it expensive? sorry for all the questions. i have read through lots of the posts and my questions are like others, i just get easily confused. Link to comment Share on other sites More sharing options...
DocDon Posted January 17, 2005 Report Share Posted January 17, 2005 Good Lord those are a lot of questions in one post. First thing to consider is any assets your fiance has, immediately followed by what your fiance's plans are after the BK.BK will take care of those debts / collections / judgments.Here's a good resource you get you started: http://www.mieb.uscourts.gov/generalInfo/bkbasic.pdfI'm learning this whole BK thing myself (guess I should since I help Lady moderate this forum), and I can tell you that it's not this scary beast the powers that be want you to believe it is. Link to comment Share on other sites More sharing options...
bingo Posted January 17, 2005 Report Share Posted January 17, 2005 In addition to DocDon's thoughts, a bk filing carries with it an automatic stay against all collection and legal proceedings until the bk is sorted out. If you file quickly, your lawyer can file a motion {different states have different names} titled, "A Suggestion of Bankruptcy". They'll just state you've filed and give the filing number. They'll file a copy with the court where he's been sued and serve a copy on the lawyer that filed the suit and it all comes to a halt.As to finding a lawyer, see if one of these lawyers is nearby-they usually do bk's.www.naca.netAlso, go online to your local bk court and look for some lawyers that file a bunch of bk's and get 'em discharged.Most bk lawyers give free initial consultations. Talk with a couple and get all of your options explained.BTW, debts like student loans and court ordered child/spousal support likely can't be discharged.When you see a lawyer, have a list of creditors, your income and a list of expenses. That'll make the meeting go smoother. Here's a spreadsheet to help with the expenses.http://www.ca-bankruptcy-attorneys.com/calculators/expense_calculator.htmlYou're a long way from being alone.http://www.usdoj.gov/ust/press/articles/abi_05_2003.htmTOTAL CASE FILINGS: In an average working day, 6,310 new cases are filed. (Ten years ago the daily volume of filings was under 4,000, and 20 years ago fewer than 1,500 cases were filed per day.) About one-third of these cases are joint filings by married couples, so at least 8,000 individuals declare bankruptcy in a given day. Of the new cases, about 600 are filed in California and six are filed in Alaska. About 60 cases per day are filed outside the United States. Most of these are filed in Puerto Rico, but cases are occasionally filed in the U.S. Virgin Islands, Guam, and the Northern Marianas.CHAPTER 7: In a typical working day 4,440 chapter 7 cases are filed and assigned to approximately 1,200 panel trustees (of course, not every trustee receives new cases each working day). About 90 of these are business cases and the rest are consumer cases. The consumer debtors will list about $200 million in general unsecured debt, of which about $80 million is credit card debt. The vast majority of these cases (96% - 97%) are closed as no asset cases, generally about four to five months after filing. However, about 160 asset cases are closed each day by chapter 7 trustees, and these cases result each day in over $5 million collected and distributed by chapter 7 trustees. Link to comment Share on other sites More sharing options...
Comfrtblenumb Posted January 17, 2005 Author Report Share Posted January 17, 2005 my fiance is going to make appts with several different bk lawyers, talk to them all, get some price quotes, see who has a good vibe etc. i have followed the links ya'll have given. printed out this form to take to bk lawyer appt, list of assets, bills etc. bj(fiance) has no assets, he would be filing a chap 7. any thoughts on filing that ourselves? anyone have as clue as to his taxes? he gets the earned income credit, can anyone take that? thanks again everyone!! Link to comment Share on other sites More sharing options...
DocDon Posted January 17, 2005 Report Share Posted January 17, 2005 I'm learning how to do a Chap 7 pro se. No need to pay an attorney about $2K just to fill out the paperwork and attend a meeting.... Link to comment Share on other sites More sharing options...
VaSwtness Posted January 18, 2005 Report Share Posted January 18, 2005 My husband and I filed a no asset Ch 7 BK on 1/14/05. We did it pro se, meaning we are representing ourselves. This unfortunately is our 2nd one and we considered every option before doing this again. Tons of stuff to understand and sort through but overall it will save you money. Now, to answer a couple questions. First, yes you can selectively add to a BK however, most credit card companies once they see or know about a bk will automatically close the account, good standing or not. Lawyers usually tell you to add everything. We both have a credit card in excellent standing and wanted to keep them. I asked an attorney and then anonimously called the credit card company and posed the "what if" question. I was told the same thing by them.Second, a judgment can be included in your BK, however read your local bk rules to make sure there isn't a catch to it. I'm in VA and KY may be different for some strange reason.I know here in VA, we can file the petition, SSN statements, Filing fee installment requests, and Venue document to start a case. All of $75.00 to get started. This gives us a case #. Within 15 days, I have to submit everything else or it could be dismissed. No problem, just was missing some information that I couldn't get until today. I'm mentioning this just in case in KY you can do the same thing. The remaining $134 is paid in 2 installments, 30 days and at 60 days.I'd recommend putting all your questions down on paper, list all your creditors, etc., then do a free consultation with an attorney. Check out the website recommended, or pick one out of the phonebook. We were quoted $900 for everything which included filing fees. Decided to pocket the $692 and file ourselves and put that money to good use.If you have your trustee meeting before you file your taxes, chances are the trustee may take the return. May I suggest you file ASAP to have the money before the trustee meeting. It's easier to explain what you did with the money (ie, catch up on electric, water, or whatever), versus not having the money at all.Good Luck to you. Link to comment Share on other sites More sharing options...
LadynRed Posted January 18, 2005 Report Share Posted January 18, 2005 The ability to file an 'emergency petition' is FEDERAL, so state doesn't matter. As mentioned, once you file the initial papers needed, you MUST complete all the rest of the info and get it filed w/in 15 days or your case will be dismissed. Link to comment Share on other sites More sharing options...
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