Legal Question in Bankruptcy in California

Re: Should I file for bankrucptcy?

I agree with the answer given by Jules. If you need an attorney I will be happy to give you a free consultation. Please visit my website and give me a call if you are interested.

Mark

Re: Should I file for bankrucptcy?

A petition in bankruptcy is a federal court action and therefore supersedes any state court action. A lawsuit against you for the automobile accident will be a state court action (assuming there is no basis for federal jurisdiction). When a bankruptcy petition is filed there is an automatic stay which stops all other actions collection and otherwise against you. In fact the petition is both date and time stamped when filed. In order to proceed against you the person suiing you for the accident will have to first get relief from the stay. You may be jumping the gun without first knowing the extent of the liability. You could wait until after the state court action and file if and when any judgement is rendered against you. That way if the other party is not successful in the accident suit you will not have to file.

You should contact a bankruotcy attorney in your area as soon as possible. The best way to approach this matter is to start planning far in advance and a bankruptcy attorney can show you how to prepare for the worst if that becomes necessary.