Legal Question in Civil Litigation in Indiana

We are scheduled to appear in court supplemental to a civil case between our former landlords and ourselves. In that case, the judge (erroneously, in my opinion) ruled against us and ordered that we pay the former landlords over $4000 in damages, court costs, etc. Our attorney at the time advised me to file bankruptcy. I had not thought much about it, but now we are in the process of meeting with another attorney to file bankruptcy. I am not working since I am in school and my fiance's salary is barely enough to support us both and pay the bills. We are supposed to appear in court to answer questions about our finances. Should I request a continuance and tell the landlord's attorney that we are filing bankruptcy? Or would it be better to simply appear in court on that day and explain that our finances do not allow us to pay?

Asked on 8/11/09, 1:26 pm

1 Answer from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

You have to appear unless your banruptcy has been filed and you notify the other attorney and court. You can request a continuance if you desire, but absent an actual filing or contact with your bankruptcy attorney, the collection attorney may not want a continuance. good luck.

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Answered on 8/11/09, 2:21 pm

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