Can you file bankruptcy on a civil lawsuit and if so can I also file on my credit card? - Bankruptcy Law Questions and Answers- LawQA.com

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Can you file bankruptcy on a civil lawsuit and if so can I also file on my credit card?

I purchased a 2010 vehicle and gave them a trade-in which they gave me 9300.00 for. It was my parent’s vehicle I traded. My parents gave me the ok to do so but they got upset because the dealership never contacted them for their permission. My parents were upset the dealership sold me a vehicle in poor condition. The dealership gave back my parents their vehicle now I'm getting sued for the loss of 9300.00. I however gave back there 2010 focus which I currently owe the bank now. My question is this dealership is suing me for lawyer fees, storage and the 9300.00. Also, the bank will come after me for the 2010 vehicle that's in my name. So, can I file on the car (bank) and dealership? Also, I have a credit card I want to file on as well can I do that? I live off the credit card sometimes so, if I use it will it hurt me if I end up filing on it? I'm a single mom with 2 kids so my income isn't very much. Thanks so much for your time.

Answer By Ken Parker
Kenneth A. Parker, P.C.
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Yes, you can file a bankruptcy case to stop the civil suit. As a matter of fact, this is a common reason why people file bankruptcy. You mention that you are living on credit cards. If you are going to file bankruptcy, one of the exceptions to a discharge is credit card debt incurred within 60-90 days of filing, so don't use the credit cards for 3 months before you file.

Answer Applies to: Georgia
Replied: 10/31/2012

Answer By Phil Boardman
Philip R. Boardman, Attorney at Law
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Yes. Bankruptcy will discharge lawsuits as long as fraud is not part of the lawsuit. Credit cards are also discharged.

Answer Applies to: Virginia
Replied: 10/30/2012

Answer By Susan G. Taylor
Law Office of Susan G. Taylor
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You should be able to discharge any debt associated with a repossessed or voluntarily surrendered vehicle.

Answer Applies to: Texas
Replied: 10/30/2012

LAW OFFICE OF MARGARET L. EVANS, PC
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You must include every single creditor on your schedules and petition; the vehicle and the credit cards must all be disclosed; depending on where the suit is, you may also need to file the appropriate motion(s) to have the lien discharged as well.

Answer Applies to: South Carolina
Replied: 10/29/2012

William C. Gosnell, Attorney at Law
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Yes unless DUI

Answer Applies to: Tennessee
Replied: 10/26/2012

Answer By David VanDyke
Bird & VanDyke, Inc.
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Yes, all of these debts appear to be dischargeable and can be erased in bankruptcy.

Answer Applies to: California
Replied: 10/26/2012

Havens Law, LLC
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You can include both the credit card and the lawsuit in the bankruptcy. However, you must include all your debts in the bankruptcy. Also, credit charge purchases made before filing bankruptcy can be excluded.

Answer Applies to: Utah
Replied: 10/26/2012

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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A bankruptcy can take care of those problems. I have no idea if you have any equity in the car you want to keep. That would be an issue of "exemptions." You would have to find out locally what exemptions you are entitled to. If you have used the cards extensively in the last 6 moths that could be a problem. The credit card companies might object to a discharge of the amounts charged in the 6 months preceding the filing date. I suggest you see local counsel.

Answer Applies to: California
Replied: 10/26/2012

Answer By Carl C Silver
CARL C SILVER ATTORNEY AT LAW
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Yes, you can file bankruptcy on a civil lawsuit as well as the credit card.

Answer Applies to: Michigan
Replied: 10/25/2012

Law Office of Stuart M. Nachbar, P.C.
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You file on all debt. You can not pick and choose. Everything goes in. Your credit cards will be turned off. This applies in New Jersey.

Answer Applies to: New Jersey
Replied: 10/25/2012

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