Legal Question in Bankruptcy in California
Bankruptcy Question:
I helped someone get out jail by signing with a bailbond company in September. Completely forgetting about this debt that the defendent was paying back (10% of the bond), I filed for bankruptcy for credit card debt in October. Once the defendent (the friend I helped out) lost his job a month later, the bailbond company contacted me to collect the debt ($3000). I told them I filed bankruptcy and gave them the case number, the next thing I know I get an adversary summons from them. Now their lawyer is calling me and telling me I can settle by paying a lump sum of $1000 or $100 payments of the full debt and they will stop pursing the non-dischargeability. My other option is to continue to fight it and hope the judge adds them to my bankruptcy, but there's a chance that they could win their case and garnish my wages. Should I agree to the $100 payments (I obviously dont have the lump sum) or should I take my chances in front of a judge and hope for the best?
1 Answer from Attorneys
If you can find a new lawyer to do this for free, then fight it, otherwise, how would you find someone to file the necessary pleadings?
Call them and tell them that if they garnish your wages, they're looking at 25-50 per month tops because you don't make much money. If they will allow you to pay back $750 at $75 payments, then you can try to hussle for some money and make those payments.
That seems fair to me.
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