Posts Tagged ‘judgement’

Help! Do I get an attorney to file bankruptcy or do it myself?

So, I recently (a couple days ago) was served with court papers, I am being sued by a hospital for ,000. I have about k-100k in medical bills alone, so to avoid paying the ,000 I know I should just file bankruptcy. Today I had a consultation with an attorney, and I am SO confused still. It was a free 30 minute one, so maybe that’s why I felt really rushed and lost…but anyway. It’s going to cost about ,500 to file. I am a 25 year old BROKE college student who works part time at a retail store, this is a lot of money =/ ….I know it’d be easier and for sure would get the papers done RIGHT, if I had an attorney, but I don’t know if I can afford it. I know you can file yourself. Has anyone done this? My sister got a paralegal about 5 years ago, and filed herself. She said it was about 0, but she said the paralegal was helpful in helping her with the paperwork, BUT she did miss a few things. I feel like I’d be paying the lawyer to basically just go to the court and turn in the papers, and come with me to court. I still have to do all the dirty work of course…gathering my bills, filling out all the paperwork, etc…but I’m not sure if ,500 is worth having an attorney. Also, I am confused on this court paper I got. I know that they will eventually file a judgement against me (within 14 days) and start garnishing my checks, I understand bankruptcy can stop this. But is it only after your papers are completely filed and done? Or is it when you START the process? I am so lost! The attorney told me to try and get all this paper work gathered and figured out before 10 days so we can start it before the creditor starts coming after my money through the judgement. Does anyone have any advice? Thank you!

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Armored Debt Center scam..Does anyone have advice?

I have been a single mom for 9 years. I was using several credit cards for things we needed and actually was doing well making payments until the credit card companies began to increase their interest rates and amounts owed per month. My credit score was perfect. I never missed a payment. I began to be unable to pay what I owed due to increased monthly demands from the credit card companies. I spoke to a representative from Armored Debt Center who convinced me that they would settle my debts for amounts less than I owed, therefore giving me a chance to get out of credit card debt altogether and I agreed to pay 8 per month for them to do so. It seemed like the right thing to do for me and my family’s future. I have put a lot of effort into making that payment every month starting last October. Armored Debt Center told me not to answer calls from my creditors and sent me a script to basically get off the phone without telling them anything. I followed this advice. They tell you to tell the debt collectors that they are only to communicate with you in writing and then you are to fax everything to Armored Debt Center. When the first credit card company took me to court, I followed Armored Debt Center’s instructions to go to a particular website and retrieve documents to fill out. It was a website that anybody could have googled, not affiliated with Armored Debt Center. It was difficult to figure out what I needed to put on the documents that were to be sent to the court. At one point, I called Armored Debt Center and was told that they “cannot give legal advice” so I was left to figure things out on my own. I was told by Armored Debt Center not to worry, that this was part of the process. I filed everything the website suggested with the court. Prior to my court date, I called Armored Debt Center and was told nothing more than, “Don’t sign anything”. Judgement was awarded for the full amount, plus interest, plus court costs to the credit card company. I continued to keep in contact with Armored Debt Center and fax them everything that was sent to me. It would take up to several weeks for them to call me just to state that they received my fax. They have a well-rehearsed spiel that they give on a continued basis stating that “This is a process. Don’t worry. Keep faxing us documents sent to you. Don‘t give any information to debt collectors when they call you. Use your script. No further action is needed at this time.” They led me to believe that they would be settling with the debt collector “after my next payment”. This went on for several months with no settlement. Armored Debt Center did not settle my 44 debt with the very first credit card company that filed, after a full 12 months of payments at 8 per month. I had given them 96 of hard-earned money and they had not settled anything. Every time I would call, I would get the same run-around, rehearsed speech and be coerced into continuing the program. I would explain that other credit card companies were getting ready to take me to court. Now, the court has allowed the debt collector to garnish my wages by 25%. Because Armored Debt Center failed to settle with the first credit card company to take me to court and my wages are being garnished, I no longer have hopes of being able to get myself out of debt because I don’t have any extra money to give to a debt settlement company, or to save on my own, for such a purpose. At this time, my 3 other credit card companies have indeed initiated taking me to court and I have summons for those now.
I spoke to a representative at Armored Debt Center, Mark, about what had happened and that their debt settlement program had failed miserably. I called Armor Debt Center to ask for my money back for a program that had failed. He eventually said that he would give me back my “reserves” which was 38 but they would not refund their “service” fees which were 30. When asked what services they had provided for 30, Mark stated “education”.. Education on a program that did not work, that did not do me any good whatsoever, and in fact got my wages garnished and ruined my credit. My “education” was a script on how to get off the phone with debt collectors and what website to go to to fill out paperwork to send to court that anybody could have accessed. Upon further pleading with Mark, he stated that they would refund 3 to 4 payments. By the end of the conversation, however, he was saying 2 to 3 payments. Therefore, Armored Debt Center was intending to keep 98. I received an e-mail today asking me to sign a form stating that I will accept 32 back from them, which is only 2 payments and indeed would award them 98 for doing nothing that benefited me. I have been so stressed out, I’ve nearly made myself sick. I have heard that there has been a law passed to safeguard people from these debt relief scams. I have not yet had a chance to find out the specifics.

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Help with credit card debt?

The debt has no been to collection and there is now a judgement in the courts. How is the best way to settle this debt? I now have a good paying job and i would like to buy a house but this is in my way. The collector seems to have no interest in settling for a smaller amount. Any ideas would be helpful. thanks

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In South Carolina can wages be garnished and bank accounts frozen for a charged off credit card debt?

I have just been notified that a credit card that I was working with has been charged off and it has been placed with an agency to file suit. They are saying they will garnish wages, freeze accounts and attach a judgement to my property. My employer says that my wages can not be garnished, but what about my account. I was honestly trying to make arrangements with Chase, we had a loss of income and things were very tight for a while. If they attach a judgement what does that mean? Will I have to go to court over this? They are willing to settle for 749 if I can come up with it today!! They just called me yesterday. I do owe this debt and am willing to pay, but they are unwilling to work with me any longer. If I file bankruptcy will that stop the judgement and garnishments? I am not behind with my other creditors and even will be paying 3 off this month. The payments were manageable until my interest rate was increased because of a payment 4 days late and my payments doubled to 4.

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Should I file Bankruptcy??

I am about ,000 in debt but I already have a judgement against me for ,000. I was served with papers for past medical bills and I had a car repo’d about 3 years ago and they are threatening a lawsuit. I have numerous other things on my credit. I make less than ,000 a year and have no assets. I’ve contacted several Credit Counseling companies but there is just no way I can pay the monthly payment they come up with. Help!!! I dont know what to do. I really don’t want to file but I’m beginning to think its the only thing I can do.

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Debt collectors attempting to collect on settled debt?

my bf had debt collectors after him for the balance on his motorcycle.. the motorcycle for whatever reason was financed with 2 loans, but both of which were with GE Money.. my bf settled his debt with GE Money although I’m not sure if it counted towards both loans. GE Money sent him the title to the motorcycle, so does this mean all debt associated with this bike was settled? I ask because now a debt collection law firm is attempting to sue him for the balance of one of the loans associatied with this bike.. can he use the motorcycle title as proof that the debt was settled? I’m just assuming they wouldnt have sent the title to him if everything wasn’t settled… please help, thanks!

oh and by the way, he missed the 30 day window for the debt validation and this company has already mailed him some papers I assume are the starting process of getting a court date/judgement..

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how do I get my rental deposit back from someone who's filed chapter 13 bankruptcy?

my landlord says he can’t pay me my deposit because he has no money and has completed his filing for chapter 13. A legal advisor said I could sue in small claims but said whats the point, I may get a judgement but the person has no money. Could I put a lein on his property?

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Should I file bankruptcy for 7,000 medical debt.?

I got a letter in the mail from the healht care provider saying that they’re going to get a judgement from me and garnish my wages. I owe them 5,000 dollars for past medical bills. Also, I owe about 2,000 past debt for various things (this is not including student loans). A lawyer I talked to said that I qualify for chapter 7 bankruptcy. I don’t own a home and I have a car that I’m making payments on. (they said that Icould keep my car if I keep making payments on time). I have no way to pay the medical bills all at once (which is what they’re asking) what should I DO???????????/

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when is a good time to file bankruptcy I have terrible credit?

I lost my drivers license from a insurance judgement.I owe 20,000 in child support I just got laid off my job. And I owe taxes.

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If i'm a cosigner on two auto loans, will this effect me when i'm settling a seperate debt ?

So i have a k judgement against me and i don’t work and don’t have money. I was planning to try to settle this debt with a lower price by explaining to them my financial situation.
However, a friend of mine needs to lease 2 cars and his credit isn’t good enough so he asked me to be a cosigner for him. I understand that this can show on my credit as i’m the buyer (because there’s no real distinguishion on who’s the primary person on the loan). So can this result in them denying a settlement (thinking i just bought two nex and expensive cars) ?
They did run my credit score and it’s about 720 right now and the loan company DID say that i can be approved for the car loans.
it’s going to be for my brother in-law. so it’s really hard to deny, plus they already ran my credit and know the score… argh !

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Question re bankruptcy?

OK firstly, if you’re coming on here to give me advice and help: thank you. If you’re someone who is coming on here to stand in judgement, and tell me what horrible people me and my husband are for ‘racking up debt’ and then going bankrupt, then don’t bother wasting your time, because I will just report your post and ignore it anyway. Not being funny, but all I have got during the three times I have posted this today is nasty comments from a few people who have no idea of the circumstances that led up to the bankruptcy, and spam from people advertising loans! So if someone could give me some helpful advice, I would appreciate it. I havent posted it for several hours, so hopefully there’s some different people on here now.

So here is my dilemma:

We went bankrupt in November 2010, moved out of our mortgaged home, and moved into rented accommodation.. We owned a property (mortgaged) which had a 75K mortgage and also we had a 30K secured loan and £50K UNsecured debt. Just recently, one house near our old house, went for £105K, so the most it will get (at auction probably) is about £90K.

So we went bankrupt and the receivers contacted us to see what assets we have – we have none, except for the house. We haven’t been back to the house since, and didn’t have our mail redirected as we have informed anyone of any importance about our new address.

Well, I phoned the receivers today to ask if they have let the creditors know yet, (because at 12 Jan 2011 they hadn’t..) and they said yes they informed them and sent a report of our debts and other creditors on 18 Jan. Then this girl said, ‘your unsecured debtors (we had £50K unsecured debt) will know there’s little point in trying to you, but the mortgage company will need to contact you and know your ‘current’ address, because they will need to issue a repossession order,,,’

I am utterly baffled, as when we spoke to the receivers in November, (AND the court too,) they both informed us that the receivers would deal with everything, and that the creditors will need to go to the receivers for any assets we have. This is how bankruptcy works surely.???? And now this girl tell us that we should have contacted the mortgage company voluntarily, because the creditors ‘only let the creditors know the person is bankrupt,’ and because there is little equity, they don’t take the house themselves, they just leave it up to the mortgage company to reposses it at their leisure. So apparently, we are supposed to work with the mortgage company through the repossession. !!!

But why on earth should *we* have to let them know our new address so they can badger us here, ?? Surely they can repossess it without us. I was under the distinct impression from the court and from the receivers (at the start) that once we go bankrupt, it’s out of our hands. and now 3 months on, one girl at the receivers office is saying that we should have contacted the mortgage company so we can help in the repossession process!

Well excuse me, but we did pay the receivers £900 (£450 each) to do this job for us, and what would happen if we had buggared off and just abandoned the house like a lot of people do? Surely the repossession can go ahead without us?

Can anyone advise? I am super reluctant to contact the mortgage company and see no reason why they can’t simply repossess without us. And I am particularly pissed off that the receivers AND the court said it’s out of our hands and we need to do NOTHING, as declaring ourselves bankrupt freed us of the debt (and the assets of course..) and now this girl today has said we should inform the mortgage company of our new address, or the repossession order will take many months, as they ‘need our signatures…’ for the repossession order to go through swiftly.

For one, why only say this now? And what happens if someone abandons a property? Should we just leave it and wait for them to repossess without us?

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Do i have to pay interest on a debt i was sued for after i agreed to settle it by paying monthly?

I was sued for a margin debt and then i accepted an offer of settlement by the plaintiff. i told the plaintiff in the answer that i accept the settlement by paying monthly. Now they want me to sign a stipulated judgement saying that I will pay interest on the debt until its paid. the plaintiff’s attorney said to me in an email "As you know, you accepted our settlement offer of ,000. If you had paid that sum in one lump payment upon that acceptance, there would have been no interest. However, since you are making payments, interest accrues under Washington law at the rate of 12% per annum." is this true? do i have to pay interest by law because i’m paying monthly?

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Has anyone had a positive experience settling a large debt with citibank Visa.?

I owe 13,000 and hired a debt settlement company. So far, they have done nothing but drag out my judgement for almost 2 and 1/2 years. I don’t deal with the lawfirm so it’s less stress on me. I am thinking maybe it is more beneficial to try to make a settlement on my own. I am wondering if these debt settlement agencies gain a commission off of my settlement, anyone know?

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If a judgement is filed against you for medical debt, can you still file bankruptcy?

Mother has mounting medical bills that are impossible to pay. Several ‘creditors’ are threatening collections. Wondering if they ‘win’ a judgement against her, can she still file bankrupcy afterwards? She is on social security and has no property or assets, so I’m not sure what they can even get (state law prevents retirement income or assets from being touched). Thank for any advice or ideas!

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can an evicted tenant file bankruptcy against the ex-landlord and will a wage garnishment be cancelled with th?

I evicted my tenant for unpaid rent and will go to court on 7-08 for a judgement as to the exact amount still owed. We have information that the tenant intends to file BK so he won’t have to pay and that he quit his job so that we can’t garnish his wages. Knowing this guy, I have to believe both things are true. Any recourse for me at this point?

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i paid everything off on my credit but i still have negative remarks should i file bankruptcy ?

charge offs and collections an a judgement

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Should I file Bankruptcy in my current financial situation?

I am almost exactly 0,000.00 dollars in debt and I am single with one income and earn around ,200.00 per month.

The highest paying job I had after 5 years on college has been at .00 an hour where I worked for two years before getting laid off. Ever since, I have not been able to get a really good paying job with my degree.

Here are my debts:

,000.000 (and rising) to the IRS. After I bought my home, the IRS stopped working with me and everything became all threats with them answering every question with "I see you have a home, we don’t have to work with you-we can simply put the tax lien against your home) which they did.

I’m desperate to get from under this debt and I have heard stories about people making ridiculous settlement offers to the IRS and paying pennies on the dollar but the only settlement they will offer me is around ,900.00 (a 0 dollar reduction) IF I pay right away.

And this amount is originally ,000.00 with the rest being penalties and fees.

I owe ,000.00 on my home
I owe ,000.00 in medical bills
I owe ,000.00 in credit card bills
i owe ,000.00 in miscellaneous bills
I owe the utility company ,500.00
I owe Sallie mae (I had my student loans consolidated) ,000.00.

I can’t pay on any of them right now besides my home and my payment on that is 2.00 per month. I also live away from my home out of state and I pay 0.00 dollars for an efficiency.

Should I file bankruptcy? Which chapter should I file and how do you think it will help me?
PS-

I forgot to mention I just had a judgement filed against me by the lawyers for my HOA for 1,700.00 dollars and NOooooooooo I DO NOT want to sell my home. It will be lightyears before I’m able to buy another one.
The first answer given is why I want only "knowlegeable" folks to answer because they take the home if you file Ch. 7 NOT Ch. 13.

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Can a creditor garnish my husbands wages for my debt?

My husband filed chapter 13 bankruptcy last year and I did not. I am attempting to settle with my creditors as my debt was only a fraction of his. In the event I can not settle or make adequate payment arrangements with my creditors and they sue me and get a judgement can they garnish my husbands wages or seize our joint bank accounts. In other words…what can they do to try and get the money? Btw I am currently unemployed and in the state of California.

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can I go after my tenant again since her bankruptcy was closed without discharge for failure to file form 23?

I have an outstanding small claims judgement against her for k but when I went to collect, she filed bankruptcy.

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Should I file bankruptcy if my debts are old?

My husband and I have about ,000 in past due debt right now. My main question, should I file bankruptcy if our debts are already old? According to Experian, "This account is scheduled to continue on record until Nov 2012" …actually some start coming off 2010 through 2012. I don’t know how confident I am that they will be off my record come 2010-2012…but if I file bankruptcy it will be 2019! can anyone give me advice on this…do the negative reports actually come off and if so, when? Or should I file bankruptcy? Sooo confused!!
Thank you all for your help. To add more details Jimbo – We do own our own home, I am not being garnished at work but my husband and I both have received Judgements on a few of our accounts..mine a few years back. His most recently in 2008. But no garnishments have come about from this…
Thank you! If I did not show up for court…is the judgement automatically awarded?

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Is it worse to have a judgement against you or file for bankruptcy?

We are a small business and the landlord has raised our cam fees 400% in the last 3 years with no justification. They are virtually putting us out of business, so with 24 months left, we want to break our lease and move. Is it better to file for bankruptcy and reopen in our new location with a new name. We are going to make an offer, but I am sure they will not accept it and try to sue us and get a judgement. Out of the 2 worse case scenarios, which is worse?

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I am trying to settle a debt but how do I know I won't be taken advantage of?

A judgement was put against me in 2005. They told me they wouldn’t take any more legal action if I signed an agreement to pay .00- 0.00 a month. Out of fear I signed. Today I called to find out my balance and the women told me I owed exactly what I owed in 2005. After asking for a statement to be sent in the mail the women became irate and would not let me speak to her manager. When I called back a man answered and told me he sided with the woman. All I wanted was a statement stating how much I owed and who the original creditor was. I don’t know what to do now and don’t trust these people to act fairly. The name of the company is Resurgence Financial, LLC.

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Can you file bankruptcy on a judgement from a court? Can I file and get rid of the judgement. In Michigan?

I am going through some bad times, and I need to file but I have a judgement against me and a few more possible from not paying my phone and credit card bills. What can i do?

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I just got divorced can i file bankruptcy Live in illinois?

If i file bankruptcy will the creditors go after my ex. All of the debt is mine and in my name only. i was making my payments
but was not going anywhere so i signed up for a debt program that says it can eliminate 50 to 70% of your debt what a scam i am worse off now than i was before i ended up being sued and have a judgement on me i made payment arrangements with them but now that i am divorce i am starting over and can not afford the judgement.

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how long does a judgement stay on file?

Scenario…father co-signed for house….daughter and son-in-law seperated…daughter has court papers to say son-in-law has to pay mortgage…son-in-law does not….house power of sale…father never contacted by bank to pay…judgement against everyone involved…son-in-law goes bankrupt…how long does the judgement stay and can the father do anything to protest

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How much financial information can i refuse to give to settle a judgement?

I AM TRYING TO SETTLE ON A DEBT(JUDGEMENT) AND THEY SENT ME A FINANCIAL STATMENT! MY HUSBAND AND I ARE SEPERATED AND THEY ARE ASKING FOR HIS INFO ALSO CAN I JUST GIVE THEM MY INFORMATION AND STILL SETTLE!

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Will a credit card debt judgement deny me a US passport?

I have about 6 credit cards way past due. Most of them are in collection agencies. The highest balance I have on any card is around ,300. All together less than ,500. This law firm called me and informed me that they will get a jugdement against me and garnish my wages if I do not settle the debt(this account has balance of around 0) I DO WANT TO PAY BACK. But I have a small job and planning to go back to school!!!Will a judgement deny me a US passport? Do you think they will go to court for such a low debt??? People with much higher debt get away from it. I do accept my mistake though :-(

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Ongoing Civil Case: Must file Bankruptcy…What's the best timing? now or after judgment? Thank you.?

I am currently being sued in civil court, and have no money for an attorney, the case has gone on for a year now in federal court, and have basically lost my business because of all the time I’ve put into defending myself from something I did not do, and am being "lawyered" to death by 6 lawyers. Because of all this, even if I "would easily win" if I could afford an attorney, I will have to file bankruptcy (chapter 7 for me).

Therefore, relating to an ONGOING CIVIL case and a need to file BANKRUPTCY, here’s my QUESTIONS if you would please use the same numbering system to answer them so I can keep track (thanks thanks thanks):

I would LOVE it if filing the bankruptcy would END the case so I could go on with my life, find another job, build another company etc. I read a lot of yahoo answers and one said “If they haven’t gotten judgment against you … then your bankruptcy filing can and will stop the case.”, but I need to be sure.

1) is there any ADVANTAGE to me in filing bankruptcy BEFORE the judgment (now is preferred so that I can go on with my life which has been destroyed)?…. and what will opposition do if they know I’ve filed for bankruptcy? Will they attempt to continue the case when they know the bankruptcy will go thru? If so, why would they continue the case?

2) Since I’m going to be filing In advance" of the judgement, can I "claim" the "injuries" they haven’t yet enumerated " …on my petition for bankruptcy? …or do I just “list the case” and say “amount pending”? THANKS.

I know about the "automatic stay" (keeps creditors (I currently have NONE and a perfect credit score I’ve worked hard to build all my life) from coming after you etc).

3) After I file for bankruptcy (I know it takes so many months to go thru), these additional related questions, thanks:

3a) what happens to the current civil case?
3b) what do i tell the judge? Do i have to tell the judge or just inform the other side?
3c) will i still have to finish the case (expected one more year of my life)?
3d) if we’re currently in discovery, will it / can it stop discovery / subpoenas etc?
3e) ….or…does it just “suspend” the case until the b/k procedings are over? …or does the case just continue on in real-time?

Thanks so much for answering all of these "sub-parts" to my ‘compound" question. :) They’re really important to my life and my families lives.
Ryan K,

That was totally useless. I can’t believe you actually answered 195 other people. You’re a joke.

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What to do when a debt collector will not settle a debt?

I have an outstanding debt that I would like to begin payments on. I have called the collection agency 3 times, but they refuse to let me settle the debt for less or pay less than 0 per month toward the debt. At this time I am unable to pay this amount. The debt is a total of ,236. Any advice on what to do next? I hate to leave it just sitting there working towards a judgement, but the collection company does not seem willing to work with me.

Also, any advice on how to deal with collection companies who refuse to send a letter to me to explain a debt and who refuse to accept any payment other than bank account info over the phone.

Thank you in advance.
Thank you everyone for your help. This has been a difficult time for me, as it has for many others. Your explanations and sensitivity are great appreciated. Thank you again.

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Can I file bankruptcy with a court summons?

I have a debt that is listed in my bankruptcy, however it isn’t filed yet, and I don’t have a case number. Can I still put this debt in the bankruptcy and get it taken care of even though I have a court summons for small claims?
I haven’t been to court yet to recieve a judgement.

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