Will Chapter 7 stop my banks civil suit?

[spooby72]

I have my pre-trial date set for 8-25-05 and I have to file my answer by Friday. I am being sued over two repos from about 5 months ago.

I am planning on filing the BK around 8-19 and was wondering if proof of filing chapter 7 will stop this proceeding?

Can I just appear on 8-25 with proof of the filing and will the case be dropped or can the bank still press for a judgment since the bk has not been discharged yet?

Should I answer to the courts with a "suggestion of bankruptcy" or is their some other defenses I should use on the answer?

Any help would be greatly appreciated...I cannot afford to hire an attorney and need to get this right....this forum has been of such benefit to me already!!!

[HHM]

Yes, the bankruptcy will put a stop to the lawsuits. If you can, try to file your BK before your Answer is due. Generally, if you do not answer, then the bank can seek a default judgment against you.

Although them getting a default judgment against you is no the end of the world, to get rid of the judgment will require extra work on your part in BK court. Generally, its easier to deal with these issues if you can file your BK BEFORE any judgment is taken against you.