Legal Question in Bankruptcy in California

credit card judgment question/chap 7

Hi,

if we file chap7 after a default judgment is awarded to the creditor can the judgment be dismissed?

I'm not working right now and my husband is a realtor and his income is very low. we have 3 children to take care of. We are totally insolvent and can't even afford to pay an attorney a $150 fee to respond to the last lawsuit right now.

What is the cheapest way to file chap. 7 in CA?

thanks in advance!


Asked on 4/26/09, 3:33 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: credit card judgment question/chap 7

A Chapter 7 bankruptcy would discharge credit card debt, assuming there's no fraud involved (which usually is not the case).

The cheapest (but not necessarily the best) way to do a bankruptcy would be to seek a filing fee waiver if you qualify, and do the bankruptcy yourself. There are self-help books in the library/bookstore. Good luck!

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Answered on 4/26/09, 6:12 pm
Brian Whitaker Lifeline Legal, LLP

Re: credit card judgment question/chap 7

If the underlying debt was dischargeable (which it likely was) then it will be discharged regardless of the judgment.

The cheapest way to file is to do it yourself ... but you can have an attorney represent you for around $1,000 with affordable monthly payments.

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Answered on 4/26/09, 8:48 pm


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