Summons/Court?

[flower04]

We were all set to file about 6 weeks ago when a family member suddenly passed away unexpectedly at a young age. We decided to wait until all the family had left and things were semi-settled with the remaining family members before we added more stress to our semi-depressed state. The loss still hurts, but time is starting to pass at least.

So, it has been 8 months since we paid any credit cards. I received a letter from one of them stating that legal action would be the next course of action. We are planning to file the first week of September. I'm wondering what happens when you get a summons and does it delay filing?

Thanks in advance-

[AngelinaCat]

Hi Flower04:

I am so sorry to hear of your loss, I wish I could help there, but take a *HUGG* for yourself and family.

As to a summons: no it will not delay you filing. In fact, the timing is perfect. If you get a summons, you will have, typically, 20 days to respond in writing or in person. It is always best to go to the hearing, otherwise you will be slapped with a default judgment--which most likely would be voided in BK anyway, but you don't need it on your record.

When you go to the hearing, you will be assigned a date to go to arbitration, that is typically a month after your court appearance.

If all goes well, by this time you will have already filed. The BK court sends out its notices of 'The Suggestion of Bankruptcy' on your part to all of your creditors, at which time the Automatic Stay kicks in and stops any and all lawsuits/legal procedings against you. That also means you cannot initiate a lawsuit.

If all goes well with your BK and a creditor does not file an Adversary Proceeding challenging the discharge of their particlular debt, then you should be okay for your discharge after the mandatory 60 day period that creditors have to object.

I hope this helps. Good luck to you!

[liz417]

Hi Flower,

Just wanted to say that I am so sorry for your sudden loss....
My sympathies~

[jessegirl]

Flower, so sorry to hear about your loss. I know what its like. I lost 2 brothers, one tragic and the other to illness. I truly wish you the best of luck..