Posted on: 04th Jun, 2010 09:12 pm
i have a question. I'm filing chapter 7 and my landlord took me to court and I got a judgment. But ill be filed next week. My landlord told me he will see me at my bankrupsy hearing with his pictures and documents" Is there even anything he can do? can he dispute it? as long as i file he is out of luck right?
hi ducky,
if the court finds that you cannot afford to pay, then no one can stop you from filing bankruptcy. however, as you are going to file bankruptcy next week itself, you must know that your bankruptcy filing can be dismissed under certain circumstances. he can try to dispute your bankruptcy filing, but if you can prove your point, he may have to lose.
however, after the bankruptcy filing an automatic stay comes into effect on all your debts. that means the creditors, lenders, collection agencies, nobody will be able to demand money from you. in bankruptcy all or some part of your debt gets discharged.
as for the judgment, to remove it, you will have to include it into the bankruptcy. it can be removed only after the debt gets discharged. however, it's better to take help from an attorney regarding the removal of the judgment that was entered before the bankruptcy filing.
thanks,
sandra
if the court finds that you cannot afford to pay, then no one can stop you from filing bankruptcy. however, as you are going to file bankruptcy next week itself, you must know that your bankruptcy filing can be dismissed under certain circumstances. he can try to dispute your bankruptcy filing, but if you can prove your point, he may have to lose.
however, after the bankruptcy filing an automatic stay comes into effect on all your debts. that means the creditors, lenders, collection agencies, nobody will be able to demand money from you. in bankruptcy all or some part of your debt gets discharged.
as for the judgment, to remove it, you will have to include it into the bankruptcy. it can be removed only after the debt gets discharged. however, it's better to take help from an attorney regarding the removal of the judgment that was entered before the bankruptcy filing.
thanks,
sandra
Prove my point meaning prove that i need to file bankrupsy?
hi,
if you include the rent in your bankruptcy, and if the judge finds that you qualify for the bankruptcy, then the landlord won't be able to do anything to you. however, in chapter 7 bankruptcy all your non exempt assets are sold off to pay your creditors.
thanks,
sandra
if you include the rent in your bankruptcy, and if the judge finds that you qualify for the bankruptcy, then the landlord won't be able to do anything to you. however, in chapter 7 bankruptcy all your non exempt assets are sold off to pay your creditors.
thanks,
sandra