Legal Question in Bankruptcy in California

Debt to Freedom

If a creditor files legal action against you, can you file bankruptcy after the action is filed and include that creditor?


Asked on 8/25/04, 12:38 pm

4 Answers from Attorneys

Gary Fraley California Bankruptcy Attorneys

Re: Debt to Freedom. I am located in your district :>)

Hello. I see you live in Vallejo so if you file bankruptcy it will be heard in Sacramento. My main office is here in Sacramento.

To answer your question, yes the debt is dischargeable as long as it was not a result of fraud, a support obligation, or a debt resulting from driving while under the influence of alcohol/drugs.

The real concern is if you have a home, we want to get your case filed BEFORE they record a judgment against you and lien your home. If you do not have a home then time is not as critical, however, you would want to get filed before they get a judgment and seize your wages or assets.

I do free, no pressure, phone or in office attorney consultations. I am a state bar certified bankruptcy specialists with more than 26 years experience in bankruptcy. You can learn more about bankruptcy and my firm by going to my Online Law Office web site at ca-bankruptcy-attorneys.com.

To Schedule a free attorney consultation you can call my law office at 1-800-675-1005.

Thank you for letting me help you.

Sincerely,

Gary Ray Fraley, Esq.,

California Bankruptcy Attorneys

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Answered on 8/26/04, 2:10 am
Mark Markus Law Office of Mark J. Markus

Re: Debt to Freedom

YOu not only can, you must include them. If by "include" you mean to ask if the debt is dischargeable, the answer is "yes", assuming there is no fraud or other bases for objecting to discharge.

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Answered on 8/25/04, 12:45 pm
Stephanie Morris The Law Office of Stephanie Morris

Re: Debt to Freedom

Yes, you can file bankruptcy even though a creditor has already filed a lawsuit against you. That creditor must be listed in your bankruptcy and in most cases the debt will be discharged. There are some rare exceptions. If you would like to discuss further, please call me at 415.495.2224 or e-mail at [email protected] for a free consultation. Thank you.

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Answered on 8/25/04, 2:41 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Debt to Freedom

Yes. Lawsuits often are a good inspiration for a person to file for bankruptcy protection.

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Answered on 8/25/04, 3:51 pm


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