Legal Question in Bankruptcy in Missouri

I am filing papers for Chapter 7 on Thursday, but have a hearing tomorrow as I'm being sued by a large corporation for failure to pay. They won't grant an extension. How do I proceed and answer questions in tomorrow's hearing?


Asked on 4/24/12, 11:04 am

1 Answer from Attorneys

Alicia Beeler Villines Alicia Beeler Villines (sole practitioner)

If "they" refers to the corporation, it is possible that the court may grant a continuance, even if the opposing party does not agree. Some courts will and some courts won't. If a continuance is not granted, then you need to accept the fact that opposing party will get a judgment against you, whether you are present or not. If you are filing bankruptcy in the very near future, then as a practical matter, it doesn't matter if you have a judgment against you, because (assuming you wind up with a discharge order in the bankruptcy), the creditor won't be able to collect.

The judgment in state court isn't "final" until ten days after it is entered. So no garnishment or other action to execute on the judgment can be taken.

You'll want to enter all the pertinent information in the Statement of Financial Affairs, question # 4, dealing w/lawsuits in the 12 months before filing.

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Answered on 4/24/12, 3:25 pm


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