served today...hurry up and file?
My husband and I were planning on filing Chap. 13 at the end of the summer. However, my husband just received a civil summons for $5700 balance he has with one of his creditors. It says we must have a written defense by us or an attorney within 20 days before further action. My question is, is it possible to file BK within that 20 days to stop this? I met with an attorney last year, but we haven't retained him yet. Will BK work, so the suit will be dropped and is 20 days enough time?
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My husband and I were planning on filing Chap. 13 at the end of the summer. However, my husband just received a civil summons for $5700 balance he has with one of his creditors. It says we must have a written defense by us or an attorney within 20 days before further action. My question is, is it possible to file BK within that 20 days to stop this? I met with an attorney last year, but we haven't retained him yet. Will BK work, so the suit will be dropped and is 20 days enough time?
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You might could stop it merely by retaining a lawyer. He might could get it delayed long enough to allow filing at the end of the summer. But yes I had a summons to when I filed, you just include it in the petition and it clears up.
May 31st, 2007: Petition Filed by my lawyer
July 2nd, 2007: 341 Meeting Held
September 4th, 2007: Discharged and Closed.
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