Can bankruptcy stop a lawsuit??

I'm pretty sure it would, I was in court recently and there was a case before me which was dismissed due to the defendants filing bankruptcy. :)

Just wondering aout the time frame, how long does the whole thing take until the point it is filed with the courts? I heard you have too take a pre- credit class and after you answer a summons, a court date is usually gicen to you within that month

You do have to take a credit counseling class, but it's something you can take online.

You can also file an emergency BK petition. This allows you to turn in only a fraction of the paperwork, then the rest within 2 weeks. You can also file to take the counseling class within that 2 weeks too if you can prove it's an emergency situation.

The second you file for BK an automatic stay is issued. This means no creditor can continue collections. All lawsuits are stopped.

Good to know. Is there ever a case they would deny your application? For instance, they would deny it becasue you are trying to get out of a lawsuit,even though you're not, you just don't have the money to pay them back. Excuse me if they sound like stupid questions, just wanted to know

There are reason's your BK can be dismissed, but not the example you gave. Most people file BK because they are being sued, or garnished, or something of the sort. The main reasons a BK case gets dismissed is it was done improperly or fraudulantly.

Also, they don't deny your application. Once you file, you get the stay, and the creditor would have to file an objection to get the stay lifted. The judge would be the one to dismiss the case if there was cause.

Thanks Goudah. Do they have emergency bankruptcy in every state?

Bankruptcy laws are now federal, so yes. The forms required may differ from state to state, but all state's allow for emergency bankruptcy filings.

I went to see the bankruptcy lawyer today. Since I don't have the mone to pay him in full, he's not going to file yet. I was hoping he would file becasue my court date is in 2 weeks, what can I do?

If I file on my own, is there a paper that you get after you file so you can show the court that you filed. because when I filed my answer to this lawsuit, I didn't state that I filed for bankruptcy, I just thought about doing it.

Did you check on other attorneys? I looked in my local yellow pages, and there are several attorneys that advertise that they will accept payment plans. I haven't called any of them yet, but if they accept payment plans, it doesn't seem like they would refuse to file until they are paid in full.

Yes, I checked. He won't file until I pay in full. I was hoping to file before my court date

No lawyer is going to file before you've paid for chapter 7.

While most do take payments, the problem is, and what the poster is running into, the lawyer won't file until all the payments have been made.

There are some attorneys that will file with only the down payment, and then they setup a payment plan for the balance.

This must happen because I see credit reports where a person received a discharged bankruptcy, and then aftwards their BK atty sues them for non-payment. (How is that for ironic!) Anyway, that wouldn't happen if the person paid all the costs up front.

That is ironic!

It may be chapter 13 that failed . . . . . I know that no BK attorney in my area would file a chapter 7 without upfront payment, and that is exactly why . . . . .

When Suntrust was in the process of taking me to court for a garnishment, my bankruptcy stopped it all. Luckily, a lawyer handled all of mine though. I'm not sure how it works when you do it yourself

I dealt with this with Capital One. Go to the court date and give them your lawyers card, explain you are filing bankruptsy, they will give you an extension. Capital One gave me a 6 month extension.

Hello I was just rewarded a settlement for a car accident now they saying being that i filed for bankruptcy 2 years ago i might get nothing half or it all does anyone knwo anything about this?

Did the accident happen before the BK?

after 2 years

They can only take your money from lawsuits after a BK for the following 6 months after all of your debts have been discharged