I have a 87,000 judgement hearing Tuesday afternoon for the court to review my finances. I am 61 and obviously could never come up with that kind of money. This was from a home foreclosure 3 years ago in Ohio. If I decide to file emergency bankruptcy, will that stop the hearing that day?
4 Answers from Attorneys
Yes, the filing of an emergency petition will stay the hearing. You'll probably have to advise the local court and give them your case number. http://www.abc27talkback.com
Yes, it will stop the hearing, but I am not sure that you need to stop the hearing. The hearing is probably whether to enter a judgment against you or not. Even if a judgment is entered, you can file a bankruptcy thereafter to stop any type of execution on that judgment. You should speak with a bankruptcy attorney to review your situation more fully and determine what your best avenue would be. It may be that your finances do not allow for an execution. Most bankruptcy attorneys, such as myself, offer a free consultation.
It may not stop the hearing but anything done by the state court will be void. When we file a skeleton bankruptcy petition in Akron, we contact the Summit County Court and opposing counsel immediately so they have the opportunity to avoid wasting time with pointless hearings. But you should contact someone ASAP because this is VERY late.
Yes, the filing of a bankruptcy petition will bring into effect the automatic stay as long as you haven't filed a bankruptcy petition recently. Among other things, the automatic stay will bring a stop to any pending legal proceeding to collect a money judgment on an obligation incurred prior to a bankruptcy filing. However because of the tight time frame, you will want to make sure the court holding the hearing is served with the notice of filing as soon as the case is filed.
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