Can I file for bankruptcy if a credit card company is suing me? - Bankruptcy Law Questions and Answers- LawQA.com

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Can I file for bankruptcy if a credit card company is suing me?

My credit card company is suing me for late payments. I tried to explain to them that I was in the process of filing for bankruptcy. Now my credit card agency is coming after me with a lawsuit. Can I include this in my file? How can I get this agency to stop harassing me?

Answer By Kevin Heupel
Heupel Law
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Yes you can include the debt in your bankruptcy, and once you file, the lawsuit will stop. Thus, the best thing to do is file as soon as possible to get the agency to stop harassing you.

Answer Applies to: Colorado
Replied: 8/26/2011

Answer By Asaph Abrams
Law Office of Asaph Abrams
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Bankruptcy FILINGbut not mere bankruptcy preparationwill stay the harassment and the lawsuit. Answer does not address all implications of the question, nor is it legal advice to be relied upon.

Answer Applies to: California
Replied: 8/14/2011

Mercado & Hartung, PLLC
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Yes, once you file an automatic stay will stop them from collecting. if you get a discharge, it will be included as unsecured debt.

Answer Applies to: Washington
Replied: 8/10/2011

Answer By Eric Benzer
Eric J. Benzer, Attorney at Law
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Yes

Answer Applies to: Maryland
Replied: 8/6/2011

Answer By Cate Eranthe
Eranthe Law Firm
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Yes. List the credit card company, the collections company and the lawyers for the lawsuit. After filing fill out the Judicial Council form for Notice of Stay of Proceedings and serve on attorneys and file in the court where the lawsuit is located.

Answer Applies to: California
Replied: 8/5/2011

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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File the bankruptcy. That will stop it, and yes you can include lawsuits and judgements.

Answer Applies to: California
Replied: 8/5/2011

Answer By David VanDyke
Bird & VanDyke, Inc.
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Filing bankruptcy will discharge this debt. It doesn't matter if they have sued you or not. The only way to stop creditor harassment is to actually file the bankruptcy. Thinking about it does nothing.

Answer Applies to: California
Replied: 8/4/2011

Answer By Mark Alonso
Financial Relief Law Center
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Yes, you should include this in your bankruptcy. This is a reason why a debtor may make the decision to file bankruptcy now, because their creditor is starting to take very real and aggressive collections actions, such as filing a lawsuit against you. Lawsuits will eventually become judgments, and judgments allow the creditors to garnish your wages, freeze your bank account or place a lien against property you own. They also carry a 10% judgment interest rate. If you can qualify for ch. 7, you should probably consider filing ASAP so you can have this debt wiped out. If telling them that you are filing is not causing them to stop harassing you, you may want to write a "cease and desist" letter asking them to stop calling you and that your intention is to file for bankruptcy.

Answer Applies to: California
Replied: 8/4/2011

Answer By Gary Lee Lane
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
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Yes.

Answer Applies to: California
Replied: 8/4/2011

Answer By Glen A. Kurtis
Glen A. Kurtis, P.C.
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Yes you can include this in your filing.

Answer Applies to: New York
Replied: 8/4/2011

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