Need Advice Please

[run_ragged]

Ok we are filing chapter 13 on July 15th (the first paycheck we can manage after a few setbacks with the furnace and that sort of thing) We have all the paperwork ready to go etc. Friday evening my husband received a summons to court from Discover for June 18th. Should he go to court? If he does, should he tell them that we are filing bankruptcy and when we're turning the check in and all that? Would they be able to garnish his wages before we get filed? Anyone had any experience in this? Any help is appreciated, thanks in advance!

[Flamingo]

I am assuming you have retained an attorney since you state you have the paperwork ready to go and a filing date. Contact your attorney and let him/her know what was received and what, if anything, should be done since you are not filing for almost a month after that scheduled hearing.

[kitters]

This happened to me with Capital One. In order to avoid having them get a judgment on me (and start garnishing my paycheck) before I could get my Ch 13 filed, it was suggested that I plead not guilty so the matter would be for pre-trial (which is the next step in our court). I had to file an answer w/in 10 days of my court appearance and simply stated I disagreed with the amount they were claiming I owed. I did not feel guilty about doing that since half of that amount was MANY months' worth of accumulated 28% interest plus the monthly overlimit & late fees it caused, . The court then sets it for pre-trial, which won't be until the end of July (I had the clerk check when I was filing my answer) - and my BK will be filed by then so the matter will be dismissed. Don't know if this is something that might help in your situation or with your court system, but it's something to consider.

[kitters]

Also, if he does not appear in court, it will be an automatic default judgment & they would probably be able to start garnishing right away.