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Just got summons this morning. Have decided to BK. Asking for some advice

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    Just got summons this morning. Have decided to BK. Asking for some advice

    Hello,
    First off, this Forum has been excellent to read. This is my first posting.

    So I was welcomed this morning by a pounding on the door. Once I opened it there a bald man in black suit and sunglasses asking for me and then just served me papers and stormed off. Nice way to start the day
    I have decided to file Chapter 7 but need to figure out a way to pay for it.

    My question is: If I file Ch. 7 within 30 days of this summons, will that care of this summons?

    #2
    Your lawyer will schedule the creditor in your bk filing and send a motion to the court and plantiffs attorney titled. "a Suggestion of Bankruptcy". It'll include your filing number and ask that the case be stayed until the bk is sorted out. If discharged, the bk code prohibits any debt collection activity on debts discharged in bk. Plantiff will then dismiss the case so yes, a timely bk filing will take care of the summons.

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      #3
      Excellent. Thank you for your detailed response. Instead of a lawyer, I am considering hiring a paralegal service to do the required paperwork for Ch. 7.
      Quick question: Can an experienced paralegal handle sending the "Suggestion to Bankruptcy" to the court and plaintiffs attorney?

      Comment


        #4
        Yes one can, but legally, they are not able to represent, or advise you should a problem come up. You would be on the dockets as a 'pro se' debtor. You will also be asked "who prepared your paperwork?" at your 341.
        "To go bravely forward is to invite a miracle."

        "Worry is the darkroom where negatives are formed."

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          #5
          Hi HRoark,

          If you are going w/o an attorney you might want to pick up a copy of the NOLO book. Great step-by-step guide, highly recommeneded www.nolo.com

          Paralegal services seem to have a wide range from "no more than a typist" to "better than a low-rent attorney"
          Caveat emptor; check references

          As to the summons (money judgment case, right?) don't let it force you into a poorly planned BK. You can stall the suit for months if need be, go to the court website or visit the court clerk and find out the process to file an answer to the summons. File your answer a couple days before the deadline. There are various ways to answer, do some research on defending an AL collections suit, maybe head over to the Collections part of the forum. The easiest thing to do is merely ask for an extension of time to "obtain counsel and confer with an attorney"

          Once you file BK, take a copy of the BK Notice (w/case# and file date) and attach it to an answer form for the money lawsuit court asking the case be dismissed. (don't forget to send a copy to the plaintiff+attorney)

          And if you don't answer and they get a default judgment, all is not lost. Instead of an answer w/ the BK notice, you wait for discharge papers and file a motion to vacate the judgment.

          Good luck with all this, keep posting questions, lots of good folks here to help out!

          Tom in Colo
          Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

          Comment


            #6
            Originally posted by tcreegan View Post
            Paralegal services seem to have a wide range from "no more than a typist" to "better than a low-rent attorney"
            Caveat emptor; any Paralegal who does more than prepare your forms, is practicing law. In my District, the Trustees are specifically asking pro se debtors to fill out a form with excruciating details of how your petition was prepared, and if not by yourself... lots of details of the "help" you received. Many Districts are going after the "practicing" paralegals as providing legal advice is a no-no when fees are accepted.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13, discharged 5/10)
            Chapter 13 Filed (Pro Se) 5/14 (discharged 8/19)

            Visit My BKForum Blog: justbroke's Blog

            I am not an attorney. Any advice provided is not legal advice.

            Comment


              #7
              Well said! I understand. Thanks!

              Comment

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