Suit filed-telling attorney about Chapter 7

[rooster0330]

I am in the midst of answering interrogatories for a suit that has been filed against me. I am planning on filing around August 15. The court date is set for September 13. I am going to answer what they sent me, and send out my own. But my question is, if they decide to go for motion for summary judgment, what would be the harm in my telling them that I am planning on filing Chapter 7, anything they were to receive from my by way of garnishment etc, would have to be paid back to the trustee, preferential payment.

[tobee43]

if the court date is set for, sept 13 for the suit, and you are filing your bk in august, i would say you were successful at "keeping them at bay".

you have the docket number of the suit and you just list it on your aug 15th petition and once filed, provided that is all done prior to the sept 13th date, you would list that law suit in your bk petition. there is actually a question requesting that you list all pending suits. once you actually file and get that docket number for bk...a stay will be put on any action that is pending.

also, you didn't go into the details of who is suing you, however, even in MOST cases, if they did acquire a judgment against you, after the close of your bk, you would be able to file an order to vacate that judgment, thus, wiping it out. that just will cost you a few more dollars.

[rooster0330]

thanks!! more worried about them obtaining a summary judgment before I actually file. I am not worried about anything once I do file, its just between now and then, we just did interrogatories.

[tobee43]

welcome!

if you just doing the interrogatories...you have time!!! it's going take them most likely a month to convert the transcripts LOL!!!

also, i'm not trying to pry, however, if the suit has anything to do with injury, or (whispering under my breath) something one did while intoxicated while operating any vehicle, vessel or aircraft...and there are other exceptions to certain types of judgments that cannot be vacated nor discharged.

[IamOld]

Tobee is correct! Also if you court date is Sept 13, just don't (as frogger and catleg would I'm sure advise) don't admit to everything...raise questions of doubt about how much you owe, how you know, etc SO that there are legit reasons for trial. You file on Aug 15th, that'll automatically "non-suit" (or whatever it's called in NJ) your suit.

Also - Catleg is the NJ expert, and I'm sure he'll be here soon!

[tobee43]

LOL!! well some of us that left nj, did it for a reason. we actually left and waited it out two years to file our bk in our new state.

new jersey basically is such a creditor friendly state. not only that, it's where i had my paralegal career, and let me tell you, i saw some of the strangest, most crooked, things ever. not to say it doesn't happen in other states, but we left it for many reasons. it still in one way or another caught up to us with nj based creditors filing AP's...which we won, ( we think because we were here in fl), but costs us.

[Bell30656]

You can the interrogatories to find out lots of good information. Ask for everything you can think of. Just as long as you don't fail to file an answer to anything you are sent, you are in good shape. If they file a motion for summary judgement just file your objection to it. You can easily drag this out to meet the dates you need to.

*Note* Have you ever noticed that New Jersey (and Hawaii) requires you to pay to leave the state? Aren't one way tolls wonderful? I once lived in NJ... exit 7A

[tobee43]

You can the interrogatories to find out lots of good information. Ask for everything you can think of. Just as long as you don't fail to file an answer to anything you are sent, you are in good shape. If they file a motion for summary judgement just file your objection to it. You can easily drag this out to meet the dates you need to.

*Note* Have you ever noticed that New Jersey (and Hawaii) requires you to pay to leave the state? Aren't one way tolls wonderful? I once lived in NJ... exit 7A

LOL!!!!! well isn't that the truth!!

however, i have found here in our "new" state of florida there are more toll roads than i have ever seen in my life!!!! you're driving and unless you take these small little toll roads you have double your milage.....ahhhh..they get you one way or another, that's for certain. however, i would still pick florida to nj anyday as far as the filing of our bk. in nj one has the choice to file state or federal and of course i would guess that 99% go federal...although i have nothing to back up that stat!