BornFree

Sued by CC, need to provide answer to buy time for BK. How do i pull out after that?

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Im being sued by OC and need to respond by next week. I am writing up an answer and likely it will be a 'show me the proof' response. 

I need to buy time with this lawsuit while i consider my BK option. 

Please bear with me as I ask a few questions so I can test out 'eventualities'.

- What is the proper way to 'pull out' of the lawsuit once I file the BK and after i provide an answer?

- Do i file a notice of stay? Is it necessary to do so?

- Does that cost me extra money?

- Once the automatic stay is in place, it is only for 30 days. What happens after that, does the lawsuit resume?

- If the lawsuit resumes, can it go all the way to judgement. 

- Also will filing for the BK while the lawsuit is started put me in problems with the OC objecting in their 60 day period ?

- Since the filing is made public, wont it give them information they can use against me in the lawsuit?

im really trying to avoid a BK AND Judgement on my record! Is that what will happen? Cause if so, i need to file for BK by next week! which i am not prepared to do!

Thank you

 

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2 hours ago, BornFree said:

What is the proper way to 'pull out' of the lawsuit once I file the BK and after i provide an answer?

Your BK attorney will notify all creditors listed that it has been filed with the court which would include the Plaintiff and they lawyer.

2 hours ago, BornFree said:

Do i file a notice of stay? Is it necessary to do so?

Your attorney handles that for you.

2 hours ago, BornFree said:

Does that cost me extra money?

No.  It should be included in your retainer/BK fee.

2 hours ago, BornFree said:

Once the automatic stay is in place, it is only for 30 days. What happens after that, does the lawsuit resume?

No.  The stay is in place until the BK is discharged by the court or dismissed. 

2 hours ago, BornFree said:

If the lawsuit resumes, can it go all the way to judgement. 

If the BK is not concluded in discharge THEN the lawsuit resumed and that can end in judgment.

2 hours ago, BornFree said:

Also will filing for the BK while the lawsuit is started put me in problems with the OC objecting in their 60 day period ?

No.  Unless there is fraud involved most creditors do not object or even bother to attend the 341 hearing.

2 hours ago, BornFree said:

Since the filing is made public, wont it give them information they can use against me in the lawsuit?

No.  Most people who file BK list all creditors known or suspected to cover themselves completely.  

2 hours ago, BornFree said:

im really trying to avoid a BK AND Judgement on my record! Is that what will happen? Cause if so, i need to file for BK by next week! which i am not prepared to do!

You are REALLY over thinking this.  You should file an answer to the suit to preserve your rights and avoid a default judgment.  It will be months before a trial can be scheduled.  After you file the answer consult a few BK attorneys to discuss ALL your options and then choose a path that is best for you.

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49 minutes ago, Clydesmom said:

 

Thanks for your thoughts Clydesmom. Im actually doing the answer the BK Pro Se. So what can i do about

- What is the proper way to 'pull out' of the lawsuit once I file the BK and after i provide an answer?

- Do i file a notice of stay after the answer ? Is it necessary to do so?

- Does that cost me extra money?

 

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11 minutes ago, Clydesmom said:

I do not recommend filing BK pro se.  It is VERY complicated depending on assets and state/federal laws.  I cannot advise you on doing that.

I agree thats why i am trying to buy time with the CC lawsuit so I can explore these options. But BK lawyers arent cheap and and im not in a position to afford one. Hopefully if i can push the CC lawsuit a few months I can some income to save up money for one. In the meantime I have to represent myself as best I can

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