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C.Card Co.'s+Judgements after Bankruptcy

Date: Wed, 02/24/2010 - 18:10
Submitted by on Wed, 02/24/2010 - 18:10
Posts: 202330
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I live in Texas and am now considering filing bankruptcy to wipe out huge credit card debts mostly due to attorney fees.
I can't file Chapter 7 because I don't meet the Means Test requirements (I make a few hundred dollars over what I should).
I've been taking money out of savings to pay credit cards and have now stopped as savings are greatly depleted.
I'm still able to pay my mortgage note and car note and want to keep both out of bankruptcy.
Currently I'm on unemployment income and part of that is keeping me from qualifying for Chapter 7.
If I weren't on unemployment, I'd qualify for Chapter 7, so right now I'd have to apply for a Chapter 13; however, unemployment won't last much longer and someone told me I could apply for a Chapter 13 now, then within 2 months a Chapter 7 if these funds are no longer available.
My questions are:
1. How long does it take on average for credit card companies to sue you?
2. Can they still sue you once it's turned over to a collections agency?
3. Can the collections agency sue you?
4. If a judgement is placed against my home by a credit card company or collections agency before I file bankruptcy, can I then file bankruptcy and have that judgement removed? If so could the judgement be placed again after so many years have gone by?
Thanks in advance for your help.


1. Hard to say...depends on the card.
2. Yes
3. No...collection agencies cannot sue. It must be turned over to a collection attorney.
4. Yes....the bankruptcy will void the judgement. And no they cannot come after you again later.

What state do you live in that you earn too much on unemployment to qualify for unemployment?


Submitted by SOAPLADY on Wed, 02/24/2010 - 18:30

SOAPLADY

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Thanks SOAPLADY for answering.
I meant to say that the unemployment I'm getting keeps me from
qualifying for a Chapter 7.
If I wasn't collecting it at this time then I could file a Chapter 7 so they use that as current income but the unemployment will soon end.
In the meantime I might have to file a Chapter 13 and then a Chapter 7 (hope that makes sense).
The credit cards I'm dealing with are Chase, Citicard, Discover, HCSB(GM), and two G.E. Money Bank cards.


Submitted by on Wed, 02/24/2010 - 23:02

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