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    Being Sued

    Hello,

    I'm being sued by a creditor for a deficit of a repossessed vehicle my ex wife had. It was in my name, so they are coming after me. This was years ago since my divorce. I'm currently remarried. I also have other debt from my divorce. My wife and I make to much to file chapter 7, at least for now. She just recently lost her job, she is going to wait a few months before looking for another one so I can qualify to file for chapter 7. I have a lawyer that filed an answer to the law suit and he is also going to do discovery and whatever else possible to drag the suit out. However, I have no defense in it and the creditor will win. I need 4 months to qualify for chap.7, not sure if my lawyer can put it off that long. Should I file chapter 13 then covert to 7 when I qualify?

    #2
    If the lawyer is confident he can delay it, he will. My husband and I were sued by credit cards and we were able to drag it out. First they ask for a response the lawyer told us to wait to the last day to file our response. That dragged it out a good 3-4 weeks then they set a date to appear in court which is 2-3 weeks after, then we went to court and asked for more time. That dragged it out another month, then again we asked for more time. I think in one case we dragged it out another time.

    I was in a bad spot at the time, very overwhelmed emotionally and my BK attorney told us what to do. I didn't even realize how serious it was at the time.
    I am not an expert. I just share my experiences in the Wonderful Wacky World of Chapter 13! Filed 3-30-18 Confirmed 7-11-18 Discharged 6-8-22

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      #3
      In addition, your wife cannot be expecting a new job from filing to discharge as well. It's not just the lookback you have to worry about. You need to worry about the totality of the circumstances going forward and having a new job lined up before discharge is going to be bad. Can you last that long without her income. She can't be looking for a job for quite a while.

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