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Is filing an answer necessary if you file BK?

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    Is filing an answer necessary if you file BK?

    Hi,

    Got served and I'm planning on filing BK. Will I need to file an answer if I file BK within 30 days of being served?

    #2
    Do you own any real estate? If so, then I would suggest responding to the lawsuit, in order to buy some time and prevent a default judgment, which could result in a lien on your home. No real estate? Then I'd probably save my money (court filing fees, etc) and ignore the lawsuit. Just make sure you have filed your Chapter 7 case, and obtained your case number within a month or two.

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      #3
      Dangit123, in California, you have 30 days after service of the Summons to answer a lawsuit. Getting the default judgement takes a little time after you miss the deadline. Once the creditor has a default judgement, it'll take another bit of time to record a judgement lien against the property. So, if you file BK within 30 days of filing, you will avoid a judgement and a lien assuming the proper steps are taken to make sure the lawsuit is stayed. Make sure your attorney does that.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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